This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
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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.
A guardian is responsible for the child, cares for the child, and makes decisions about the everyday life of the child. Guardians have legal custody over a child. Guardians usually also have physical custody of the child. In New York State, there are very few differences between custody and guardianship.
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.
There are two parts of custody: (1) legal custody and (2) physical custody. A New York court can make orders about the child's custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the "best interest of the child."
A parent who has primary physical custody may be referred to as the custodial parent or primary caretaker. This parent will spend the most time with the child and will be responsible for the child's care the majority or all of the time, depending on the custody arrangement.