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Commonly Asked Questions about New York Family Law

A guardian may be appointed to represent the childs interests. A strong case supported by evidence and witness testimony is critical in successfully fighting for custody. Mothers seeking custody should focus on demonstrating that its in the childs interest to reside primarily with them.
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.
Derogatory remarks, slander, or verbal abuse towards the other parent can adversely affect custody proceedings. The court prioritizes the childs emotional and mental well-being. Disrespecting the other parent strains co-parenting relationships and can harm the child emotionally.
Examples of Tricks Used in Custody Battles Maxing out joint credit cards and cleaning out shared bank accounts. Moving out with the children and taking them to another state. Making false claims of domestic violence or child abuse. Getting a restraining order based on false allegations.
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.
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.
Q: Can a Mother Keep a Child From the Father in New York? A: A mother cannot keep a child from the father in New York without a valid reason. If a mother prevents the father from seeing the child without a valid reason or court order, the father may seek legal action through the family court system.
At what age can my child decide who he or she wants to live with? In New York, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age.