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In general, the child must have resided in New York State for 6 months or more before a custody petition may be filed. Forms are available at www.nycourts.gov or at the Family Court Clerk's office. If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief.
Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.
A New York court can make orders about the child's 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 do I get full custody of my child in New York? A. To obtain full custody you must file a petition in the New York Family Court and in that petition clearly state the reasons why you should be awarded full custody. You must promote the best interests of your child in your petition.
A parent who has primary physical custody may be referred to as the custodial parent or primary caretaker. This parent will spend the most time with the child and will be responsible for the child's care the majority or all of the time, depending on the custody arrangement.
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In general, the child must have resided in New York State for 6 months or more before a custody petition may be filed. Forms are available at www.nycourts.gov or at the Family Court Clerk's office. If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief.
In New York, physical custody of the children is ideally decided between the parents; however, it's only if they cannot come to an agreement that the courts will step in and decide on behalf of the parents.
New York is not a 50/50 custody state in that there is no automatic presumption that custody will be a 50/50 split between the two parents. Should it be up to the court to determine custody, the court will weigh many factors in determining custody arrangements. Both legal custody and physical custody must be addressed.
How do I get full custody of my child in New York? A. To obtain full custody you must file a petition in the New York Family Court and in that petition clearly state the reasons why you should be awarded full custody. You must promote the best interests of your child in your petition.
A New York court can make orders about the child's 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.

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