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Commonly Asked Questions about Parenting Plan Documents

New York requires a docHubd parenting plan if you settle your case with the other parent. Although a plan is not required if you choose to go to trial, presenting one can show your commitment and present your desired arrangement in a positive light.
If you and the other parent cant agree on a parenting plan, then you will have to ask a judge to decide. To decide what is best for a child, the judge considers: The age and health of the child. The emotional ties between the parents and the child.
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.
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 New York court can make orders about the childs custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the best interest of the child. If there is no court order, then both parents have equal rights to physical and legal custody of the child.
How to Create a Parenting Plan: A Step-by-Step Guide Hire an Attorney and Determine If You Need Additional Help. Consider Your Childs Best Interests. Decide How Legal Custody Will Be Shared. Outline a Parenting Schedule for Routine Visits. Determine How Holidays and Special Occasions Will Be Shared. Create a Vacation Policy.
Parents are obligated to follow a custody orders terms until a child docHubes 18 or is emancipated. A custodial parent can face legal consequences for preventing visits between a child and the noncustodial parent. A child who refuses visitation puts a parent in a perilous situation.
Joint legal custody means the parents have to consult and agree on all major decisions involving the child, which include matters such as medical, religion, school, extracurricular activities.