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Commonly Asked Questions about Divorce and Child Custody Forms

New York does not have a default rule that splits child custody 50/50 between parents. Instead, the courts focus on what is in the best interests of the child when making custody decisions.
Youll need to present evidence, which could range from messages with the other parent to a calendar showing when you care for your child. You should also present a proposed parenting plan and schedule to the court. The Custody X Change app lets you create and manage all of these elements in one place.
The court considers various factors in granting full custody, giving priority to factors like: The childs relationship with each parent. Any history of child abuse, neglect, or substance abuse issues. Each parents ability to provide for the childs physical and emotional needs.
A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody.
Abuse, Neglect, Abandonment and Interference with visitation rights. Evidence that one parent abused, neglected or abandoned the child will affect custody, with the parent who committed such acts against the child being less likely to receive custody.
If you dont respond, the court may make a decision based only on what the other parent says is best for your children. If you respond and participate, you will go to mediation or child custody recommending counseling to see if you can work out a parenting plan. If you cannot, the judge will make a decision.