New York Final Or Temporary Order On Petition For Custody And Or Visitation
Description
How to fill out New York Final Or Temporary Order On Petition For Custody And Or Visitation?
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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. Should it be up to the court to determine custody, the court will weigh many factors in determining custody arrangements.
Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there.Both parents should realize that visitation schedules may change as children age and their needs change.
The terms custody and visitation or sometimes used interchangeably, but they actually have different meanings. Custody is a broader term and can refer to either legal or physical custody, while visitation refers to time actually spent with the child.
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.
The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.
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.
Legally, there is no specific age. In general, it has to do with the maturity and reasoning of the child, in addition to his/her age. At 16 or so, judges will often take the position that they can't force a child of that age to visit a non-custodial parent but, legally, there is no specific age standard.
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 cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.