If you are considering divorce, you can benefit from a seamless divorce, which is usually easier and faster. There is no “magic age” in which a child`s preferences are taken into account. However, a court will consider the wishes of a 12-year-old child more than the wishes of an 8-year-old. At the very least, both parents should encourage their teen to continue to have a relationship with the other parent. If you and the other parent can build your confidence, you can create a situation where you believe the teen will encourage each other to spend time with both of you. If you can`t determine that, the parent the teen doesn`t want to see will most likely take enforcement and violation action against the other parent because they believe the parent is behind the teen`s refusal and encourage them to refuse to comply. How does a court decide who gets custody of a child? Those who have custody have the right to make important decisions about a child`s care, such as medical care or religious education. When the judge awards joint custody, the parents jointly make important decisions about the child. It doesn`t matter which parent the child lives with; Both parents must agree on decisions together.
If the judge gives sole custody to one of the parents, only one parent has the right to make important decisions for the child. Usually, one factor is not decisive for the best interests of the child or custody in New York. However, if the child has lived and thrived with a parent for a long time, a court will be reluctant to disrupt the status quo. What happens if the other parent does not comply with the custody and access order? How do I apply to the court for custody or visitation of my child? Preference and age: In New York City, 18-year-olds are no longer subject to custody. They can choose wherever they want. At the same time, many courts are reluctant to influence the choice of a 16- or 17-year-old, unless the young person is in serious trouble or seems unreasonable. In young children, preference does not carry the same weight, as young children are unable to judge their well-being. Nevertheless, the child`s preference is taken into account, as it can indicate which parent is most connected to the child. New York has custody agreements that are now called parenting plans by some New York courts. When you settle your case, you can settle custody of your child or your entire case, which may include visits, child support and other matters.
When looking at custody laws in New York City, check the factors listed above. If many of them point the finger at the other parent, consider settling your case instead of hearing them in court. There are a few terms you should know that relate to child custody. “Physical custody” refers to where the child lives. “Custody” refers to the parent who has the legal authority to make decisions that affect the child (including medical, educational and religious decisions). “Joint custody” means joint custody, not the time the child spends with each parent. Joint custody gives both parents equal decision-making power, so they retain an equal role in raising children. Temporary or temporary custody is a custody order issued by the court once the case has been filed but before trial. It determines where the child will stay “until trial”. In custody matters, courts base their decisions on the “best interests of the child”. But how do they determine the best interests? There are a number of factors: This article provides general information on this topic. The laws relating to this issue may have changed since this article was written.
For specific legal advice on a problem you have, seek advice from a lawyer. Receiving this information does not make you a customer of our office. New York custody laws provide that certain factors are in the best interests of the child. These custody laws came about after many cases added new custody factors that a court should consider. A court considers the following factors and how they relate to the best interests of the child. Here are some of the best interests: The older your teen is, the less likely they are to be interested in following a court order that determines how their time is spent. However, if you and your ex live in different cities, states, or countries, it`s harder for a teen to disobey a court order and go wherever they want because their school is in one area and a parent is in another. In this case, the court order is important. But if the teen resists seeing parents who are out of the area, it can be difficult to visit. The way the court determines the child`s preference is to talk to the child in private. In most cases, children are not required to testify in a public court.
This type of situation could be traumatic for a child of any age. Instead, the judge usually meets the child in his or her office (called judicial chambers). The only people present are the judge, the child, a court reporter and the child`s legal guardian (a lawyer appointed by the court to represent the child). When your teen talks to the judge, it`s important to let them know in advance so they have time to think about it. You certainly shouldn`t try to influence what your child will say in this interview, either directly (by telling them what to say or reminding them of things they`ve told you about the other parent) or indirectly (like letting them know they`re going to buy a new convertible when they live with you next summer). If there is no court order, both parents have the same right to physical and legal custody of the child. Teenagers are often portrayed as difficult and provocative, but every parent of a teenager knows that they are also a source of great joy. Parents of teens are just as concerned about custody orders as parents of younger children. Regardless of the court`s decision, it can be difficult to follow a custody order if your child is a teenager. Teen custody is determined in the same way as for children of all ages in New York City.
The court determines what is in the best interests of the child. Can a parent interrupt the visit if they don`t pay child support? The older the child, the more weight is given to his preference. In New York, there is no fixed age at which the court must hear the preference of children. Rather, it is up to the judge to take into account each child, his or her age, maturity and ability to understand the situation and the consequences. The court is never obliged to do what the child asks, even if he or she is 17 years old. But the older the child, the more likely the court is to give its opinion. The opinion of a five-year-old will have little or no influence. A ten-year-old child is considered, and a teenager is more likely to have an influence on the court`s decision. If you already have a custody or access order for your child from family court, you can use the Custody or Access Change of Custody or Access DIY program to ask the court to change the order, or the Custody/Access Enforcement DIY program to ask the court to enforce it if it is not followed. If you decide to opt for legal separation or divorce, you need to understand how they compare and how they would affect your life.
The biggest problem with a teen and a custody order is getting your teen to comply. If you and your ex live in the same area and your 16-year-old has their driver`s license, a car, a busy school schedule, sports, extracurricular activities, a job, friends, and a boyfriend or girlfriend, neither parent will see them much, no matter what the custody order says. Trying to get a child in this situation to comply with a custody order is like keeping cats. New York custody laws assumed that the mother should have custody and be a better choice as a custodial parent. These laws changed many years ago. No parent has a better chance of getting custody in New York, which means a father can get custody. Custody cases are decided on a case-by-case basis. Issues relating to child maintenance, custody and access arise during divorce proceedings.
Family allowances are based on the policy that both parents are required to support their children, even if the children do not live with both parents. If you find yourself in a situation where your teen is not complying with the order, talk to your lawyer and document everything that is happening. Your responsibility is to try to meet deadlines. Do everything you can to comply with the rules and take notes on how your teen behaves and reacts. Under New York law, the best interests of the child are the most important factor in determining which parent is granted custody. The best interests of the child are also the most important factor in the court`s decision as to whether a situation warrants sole custody. Raising a teenager can be difficult. Raising a teen with a custody order can be even more difficult. It`s important to do your best to encourage buy-in from your teen and the other parent. Custody can be decided if there was a divorce in New York or if the parents were not married but had a child together.
Whether or not there was marriage is not an important factor in deciding where the child should live. Siblings: The court generally prefers to keep siblings together unless the children`s needs vary greatly. In this case, the court may divide them among the parents. Stability: The court tries to keep the children in the environment they know – the same neighbourhood, the same school, the same friends. When a parent decides to move, it becomes a custodial factor. Maintaining the status quo: If the parents have lived apart and have reached an agreement on the children`s place of residence, the court may be inclined to continue that agreement. The problem with a teenager who does not want to stick to it is that if the schedule is not respected, both parents will respond to the court.