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Does the mother automatically have sole custody in New York?

Its important to note that just because an unwed mother automatically has sole legal and physical custody of her child upon birth, that doesnt mean it cant change.

What makes someone unfit to be a parent?

In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parents actions but also a home environment where abuse, neglect, or substance abuse is present.

At what age can a child refuse visitation in NY?

At What Age Can a Child Refuse Visitation in New York? Visitation and custody arrangements are designed with a childs interests in mind. Parents are obligated to follow a custody orders terms until a child docHubes 18 or is emancipated.

Can a 12 year old refuse visitation in NY?

The simple answer is yes; children are obligated to comply with the courts custody orders. The judge in most visitation and custody cases will listen to the wishes of a child, providing that the child is deemed as being old enough to have sound reasoning.

At what age can a child choose which parent to live with in New York?

There is no set age in New York where a childs preferences are considered. However, the court will consider which parent the child would like to name as their custodial parent.

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At what age can a child decide visitation in New York?

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.

Can a child refuse visitation in NY?

The simple answer is yes; children are obligated to comply with the courts custody orders. The judge in most visitation and custody cases will listen to the wishes of a child, providing that the child is deemed as being old enough to have sound reasoning.

What is standard visitation in NY?

Visitation Rights in New York A typical New York minimum visitation schedule will give a noncustodial parent (parent without primary physical custody), a few hours one weeknight per week and overnight visits every other weekend. A judge may award a noncustodial parent more visitation, but not less.

How do I get sole custody of my child in NY?

How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. A parent can request custody or visitation when he/she starts a divorce in Supreme Court. An Attorney for the Child will be assigned to represent the child.

What decisions can you make with sole custody?

Sole custody means that one parent makes the major decisions about issues such as the childs education, religion and health care. Generally, the child would live primarily with this parent. This parent would now have sole decision-making responsibility and the majority of parenting time.

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