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General Form 17 FCA 467, 549, 651, 652,654; DR 75l, 240Page 11PetitionCustody, Visitation) 3 2018FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF .
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Permanency FAQ
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At What Age Can a Child Refuse Visitation in New York? Visitation and custody arrangements are designed with a child's interests in mind. Parents are obligated to follow a custody order's terms until a child reaches 18 or is emancipated.
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A judge will require a parent to ensure that visits between a young child and the other parent take place. However, there's not much a judge or parent can do if a 17 year-old is refusing visits. Each parent's responsibility is to allow and encourage visits between the child and the other parent.
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Here are New York's criteria for an unfit parent. Abuse. If there is a pattern of abuse, the state can intervene. ... Neglect or Abandonment. Legally, “neglect” can come in many different forms. ... Blocking Visitation Rights. ... Poor Home Environment. ... Addiction. ... Incapacitation.
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If a court order gives certain custody or visitation rights to a party and the other party fails to obey the order, the complaining party may file a petition alleging a violation of the order.
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Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.
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The Court gives custody based on what is best for the child, this is called the "best interest of the child." If there is no court order, then both parents have equal rights to physical and legal custody of the child.
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There is no “magic age" where a child's preferences are considered. However, a court will consider the wishes of a 12-year-old child more than the wishes of an 8-year-old child.
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There is no set age in New York where a child's preferences are considered. However, the court will consider which parent the child would like to name as their custodial parent. The older the child, the more seriously the court will take his/her wishes.
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