Parent-child Legal Forms

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Commonly Asked Questions about Parent-child Legal Forms

Does guardianship override parental rights in NY?

As mentioned above, guardians in New York have the same rights as a custodial parent to a child.

What is the difference between custody and guardianship in NY?

The Difference Between a Custodian and a Guardian in New York. A custodian is responsible for the physical custody of a child, and a guardian has legal authority to make decisions on the childs behalf of a child.

How do I file a child support petition in NY?

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.

How long does guardianship take in New York?

A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.

How to get legal guardianship of a child in NY?

To obtain guardianship of a child, a person must file a petition in court. A petition is a legal form that allows a person to ask the court for something. Any person 18 years old or older can file a petition in court to become a guardian.

What is a power of attorney for a minor child in NY?

A New York minor (child) power of attorney is a document that selects another person to handle day-to-day childcare duties on behalf of a parent or guardian. The form will relay what authorities are granted to the third party, which generally consist of overseeing the childs education and health care.

What are the different types of guardianships in New York state?

Types of guardianship relationships usually approved by the court: Full guardianship. This form of guardianship relationship grants an appointed legal guardian full decision making power over the ward. Limited guardianship. Co-guardianships. Short term guardianship. Guardianship ad litem.

How can I get full custody of my child in NY?

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.