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Enforcement of a Child Custody Order. If your co-parent refuses to follow a custody or visitation order, you can file an enforcement petition in family court. It would be beneficial to consult with an experienced family law attorney before doing so to ensure your rights and interests are protected.
Go to your mediation and court hearing Child Custody and Visitation (Parenting Time) Order Attachment (Form FL-341 ) Supervised Visitation Order (Form FL-341(A) ) Child Abduction Prevention Order Attachment (Form FL-341(B) ) Children's Holiday Schedule Attachment (Form FL-341(C) )
Asking the court to change a child support order Request for Order (Form FL-300 ); and. Income and Expense Declaration (Form FL-150 ) OR a Financial Statement (Simplified) (Form FL-155 ).
If your current child custody arrangement is no longer working, it is your right to petition the court for a modification. In order to do so, the change must be in your child's best interests, and you must be able to show that substantial change of circumstances has taken place.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
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To officially open your case, submit your forms to your county's Circuit Court or Superior Court (whichever handles civil cases in your county). You can submit paper documents in person to the court clerk, but most counties prefer self-representing litigants to file electronically (called e-filing).
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.
Visitation rights are awarded to the parent who does not have custody of their child. Furthermore, it is the right of the child to have access to both parents which includes the biological father. Father's visitation rights therefore grant them the opportunity to spend as much time with their child as the mother.
Spodek Law Group > New York Family Law Attorneys > Temporary Custody in New York. Temporary Custody in New York. Temporary custody orders are a short-term solution to parenting disagreements that can wait for a regular hearing but cannot wait until the end of the legal proceedings.
The judge must determine at the fact-finding hearing if the respondent parent: Permanently neglected the child for at least 12 months by failing to maintain contact with the child and plan for the future of the child. Legally abandoned the child for at least 6 months. Severely or repeatedly abused the child.

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