New York Child Custody Laws
Divorce Law Firm Information
Need New York Child Custody Laws Information?
Under current New York Child Custody Laws in most jurisdictions, what is most important for custody issues is the best interests of the children. Neither parent under state law is considered automatically "more fit" under normal circumstances to have child custody than the other is. Both parents are considered to have basic equal rights to child custody and equal power over the children.
Joint custody might be awarded, or one parent might get sole custody if she or he is deemed to be a better parent than the other for some reason that usually comes down to the other parent having an outstanding behavioral flaw such as drug use or frequent adultery.
Under New York state laws, parents are responsible for supporting a child of theirs until that child turns 21; however, New York child custody laws affect those children who are under 18.
New York child custody laws can therefore be difficult to navigate when each parent seeks sole custody. This is often the case, as the one believes the other "unfit" to be a full-time parent or the parents are, whether they know it or not, using the children as weapons against the other.
It is also made more complicated by the fact that New York state does not strictly define "child custody" anywhere in its statutes. This is why you need to turn to an attorney who specializes in New York child custody laws. A skilled divorce lawyer can help you through your troubled times and help come up with a solution that is in the best interests of every person involved.
- Unresolved disagreements between parents about child custody are usually resolved by the New York court's appointment of a guardian, who investigates the case and then makes a recommendation to the court about custodial and visitation arrangements.
- If there is sole custody granted, the parent with it has sole legal decision making power over the children's lives. The other parent, except in extreme cases, is awarded visitation rights.
- Sometimes one parent is seen as unstable enough in some way that they cannot have unsupervised visitation of their children. In these circumstances, if that parent removes one or more children from the supervision of the custodial parent, and the custodial parent demands their immediate return, the formerly visiting parent has 48 hours to return the children safely. If this time limit is not observed, the state will seek the arrest of the abducting parent and the custodial parent may press criminal charges.
- Grandparents might be awarded custody if both parents are shown to the court to be totally unfit to be parents.
- Under joint custody, both parents have equal rights in making major decisions for their children. This includes legal decisions and decisions about education, recreation, nutrition, health care, and religious upbringing among others.
It is never in the best interests of children for parent to be at war, but sometimes there are issues that must be addressed to prove one parent unfit or less fit than the other. And both parents need to prove a willingness to put aside their personal differences for the sake of the children or the court may make a decision on behalf of the children that one or both parents dislike(s).
This is why, if you are having or fear child custody disputes, you need to contact a skilled and experienced divorce attorney. Mary Grace Condello is a very experienced with child custody disputes and helping families resolve and understand New York State child custody laws. She will give you the legal advice and representation you need.
If you need a divorce lawyer call now 718.259.4500 or email us if we can help.
After viewing our New York child custody laws resources check out New York child support guidelines information. or go to our free artilce library.
