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Commonly Asked Questions about Family Court Orders

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.
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.
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.
A Custody Order gives responsibility for the childs care and how the child is brought up to one or both of the childs parents or to someone else. There are two parts of custody: (1) legal custody and (2) physical custody. A New York court can make orders about the childs custody only until the child is 18 years old.
A parenting order is a set of orders made by a court about parenting arrangements for a child. A court can make a parenting order based on an agreement between the parties (consent orders) or after a court hearing or trial. When a parenting order is made, each person affected by the order must follow it. Parenting orders obligations, consequences and who can help fcfcoa.gov.au pubs parenting-orders fcfcoa.gov.au pubs parenting-orders
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.
A Child Arrangements Order is an order that regulates with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person.
Either parent may be eligible to stop a child support order if they can check at least one of the boxes:  The parent who owes child support is incarcerated with no chance of parole or is institutionalized.  Custody of the child has changed.