Custody Laws for the State of New York
- Custody laws are what give parents and guardians the ultimate right to decide what's best for a child.James Braund/Digital Vision/Getty Images
Custody laws in New York refer to the rights of a parent or legal guardian to make life decisions for a child, and determine the child's best interests. They also refer to residential or physical custody, which is the right (and responsibility) to determine where a child will live and who decides where they will physically exist at any time. - If you have independent custody of a child, and you are one of the parents of the child, you are entitled to child support payments if the other parent of the child is financially capable of providing them, and if you are financially dependent upon them. In New York, you are entitled to 17 percent of the combined parental income (yours plus that of the other parent) for one child. If you are dealing with two children, you are entitled to 25 percent of the combined parental income.
- If you are a blood-relative of a child (non-parent), and you feel you would be the most fit guardian of the child, New York law states that you will have to demonstrate to the court that the parents are not fit to care for the child. This can be proven by demonstrating neglect, abandonment or abuse. Extenuating factors are considered, and it is up to the court's discretion to determine whether the child is truly in a state where the parents are unfit to care for him.
- If one parent has sole custody of a child, the other parent may generally be allowed to visit with the child, provided that the parent without custody does not pose a risk to the child, whether violent or otherwise illegal. New York State Courts favor children having relationships with both parents when possible. Visits may be limited to supervised visits in which the visiting parent is not allowed to be alone with the child. They may also be "Neutral place of exchange" visits, which take place in public spaces such as schools or libraries. Additionally, New York allows Therapeutic Supervised Visits, in which a mental health professional supervises the visit for the purpose of helping the parent demonstrate better parenting skills.
- New York State Courts will determine whom to give custody of a child to based on a number of factors. They evaluate whom they see as the primary care giver of the child. They evaluate the parenting skills of the parents, the mental and physical health of the parents, whether there's been a history of domestic violence, the availability and employment schedules of the parents, the presence and relationships with siblings of the child, and the individual desire of the child, provided the child is of age to express preference. Courts do not express any open preference toward granting custody to a mother or a father, and instead insist upon awarding custody to whomever is best for the child. The courts may grant joint-custody if they find both parents fit to make decisions for the child. They may grant sole custody of a child if they are unable to grant joint custody due to logistical or situational impediments.
Child support
Extended family custody
Visitation
Custody determinants
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