This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
New York USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
Instant download
Description
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FAQ
To obtain full custody you must file a petition in the New York Family Court and in that petition clearly state the reasons why you should be awarded full custody. You must promote the best interests of your child in your petition.
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.
Parents Rights: In New York, unmarried mothers automatically have full legal and physical custody of the child. This is the case unless the mother is deemed unfit. The father can consult with a Brighton Beach Child Custody Attorney or Brighton Beach family law attorney to make a custody agreement.
Courts will consider which parent can provide financially for the child. For instance, if one parent is unable to afford housing, then this may have a negative impact on giving custody to that parent; Conditions in the home environment. Courts do not want to place a child in a dangerous or unhealthy household.
Drug or alcohol abuse by the parent. Abuse or neglect of the child. Mental illness of the parent.
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.
