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Commonly Asked Questions about Juvenile Court Order Forms

Filing a Child Support Case Child support cases are usually started in Family Court in the county where the child lives. There is no filing fee in Family Court. After a child support petition is filed, the other side must be served a summons, the petition, and the financial disclosure form.
A: Fathers have equal rights to a child as mothers do in New York family court. A father has established custody and visitation rights to the child once paternity has been established. Paternity can be established by court order, acknowledgment of paternity, or legal presumption.
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.
Parental Unfitness: If one parent can demonstrate that the other parent is unfit or incapable of caring for the child due to issues like neglect, abuse, or addiction, they may seek sole custody. Childs Preference: Depending on the childs age and maturity, their preference may be considered by the court.
In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be emancipated and the parents support obligation ends.
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.
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.
Some of these substantial changes could include remarriage, job loss, criminal conduct or a change in lifestyle. The judge may also be willing to hear requests from children over the age of 12 who want to spend more time with one parent.