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How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.
Unmarried parents have many of the same rights as married parents. They can claim support, visitation, and custody. However, there are some issues that tend to arise in cases involving unmarried parents more frequently than cases involving married parents.
In New York, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.
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.
Joint Custody and Relocation in New York In New York, there is no specific set distance in which a parent may be allowed to move with their child or not. New York's family court judges custody orders and relocation matters on a case-to-case basis depending on the child's best interests.