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New York Parenting Plan
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How to fill out New York Parenting Plan?
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FAQ
New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. In some cases, however, one parent may have the last word on legal custody issues.There is also physical custody that will need to be addressed.
If the Judge gives joint legal custody, the parents make major decisions about the child together. It doesn't matter which parent the child lives with; both parents must agree on the decisions together.If the Judge gives joint physical custody, the child lives with each parent for an equal amount of time.
In New York, joint custody refers to both parents having legal custody of the child. There is both legal custody and physical custody.Even if a couple have equal physical custody of a child or close to it, a New York court will not refer to this as joint custody.
Will the court consider a child's preference? Whether a child is 3, 7, or 17, their preference is always important, however, once a child reaches the age of 13, the child's wishes will be given more weight.
New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. Should it be up to the court to determine custody, the court will weigh many factors in determining custody arrangements.
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.
In writing your own custody and support agreement, you should use language that reflects your willingness to cooperate with the other parent. The tone should be positive and indicate that both parties are willing to comply with the terms of the document. If written this way, a judge is more likely to approve its terms.
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.
Where to File for Custody. Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. Sometimes, if the parents are married and getting a divorce, one of the parents file for custody as part of the divorce in Supreme Court.