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New York Order On Application For Access To Child(ren) And-Or Home (Before Petition Filed)
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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.
In order to win a custody case in Family Court you must meet what is called your burden of proof. The burden of proof in the first custody case before the court is that the parent must show that it is in the "best interest of the child" for him or her to have custody.
Every Region of New York State Will Now Be in Phase Four of Reopening
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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.
An unfit parent is usually one who struggles with drug or alcohol abuse or some form of substance abuse; has been found to have physically or sexually abused the child; has an extensive criminal record or is deemed to be completely unreliable as to the care of the child.
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." If there is no court order, then both parents have equal rights to physical and legal custody of the child.
The petition for child support is available on a form which you can obtain at the Family Court Clerk's Office or at the Support Collection Unit (SCU) at your local Department of Social Services. In some counties, the Probation Department also has forms and someone who may be able to help you fill out the paperwork.