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New York Family Protection Registry - Information Sheet
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How to fill out New York Family Protection Registry - Information Sheet?
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FAQ
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.
Evidence is heard, which will normally include parties being cross-examined. After having heard the evidence, the judge will decide whether the alleged incidents happened or not.In preparation for a Fact Finding Hearing the person making the allegations will be asked to send a list of the allegations to the court.
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.
The parties in most Family Court proceedings have the right to have a lawyer. You are free to hire a lawyer of your choosing. If your particular case is one where you have the right to a lawyer, but you cannot afford to pay for your own lawyer, then the court will usually assign one to the represent you.
New York Family Court Act Article 6: Custody Visitation and Guardianship.A parent, grandparent or a person with a significant relationship with a child can file a Custody/Visitation or Guardianship petition in Family Court.
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.
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.