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There is no specific age at which the court begins considering the preferences of the child. The court will generally give more weight to the child's preferences the older they are, but there is no particular threshold or cutoff for when the court will consider a child's preferences.
In general, non-custodial parents in New York have few rights. In most cases, a non-custodial parent will have the right to visitation. Visitation may be supervised or unsupervised, depending on the terms of the divorce or family court order.
In many cases, temporary guardianship can be obtained without going to court. This is usually done through a power of attorney agreement between the parents and the guardian. A power of attorney legally authorizes the temporary guardian to make healthcare and legal decisions on behalf of the minor.
To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.
The unmarried birth mother is automatically given sole custody of the baby. Only after the father establishes paternity will he have any legal rights related to their child.