Is NY A 50/50 custody State?
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. In some cases, however, one parent may have the last word on legal custody issues. There is also physical custody that will need to be addressed.
How does a father get joint custody in NY?
How Can We Get Joint Custody? Usually a judge in New York will only grant joint custody when both parents agree to it. Even then, a judge will question the parents to determine whether joint custody is in the best interests of the child. If a judge feels joint custody will be successful, they may then grant it.
Do you have to pay child support if you have joint custody in NY?
New York State courts still require one parent to pay child support. When the parties share joint physical custody, it can be factor that the court considers when awarding child support payments, but it is certainly not a complete bar to payment of child support.
How far can a parent move with joint custody in New York?
In New York, there is not a set number of miles that a parent with joint custody can move away because every situation is unique. Initially, most child custody orders will specify that parents must remain in a limited geographic area, such as within the borough of Brooklyn or in Greater New York City.
Who pays child support in joint custody in NY?
In New York State, who pays child support in a 50/50 joint custody arrangement since there there is no one “custodial parent”? Generally, the lower-earning parent will be treated as the “custodial parent” and the higher-earning parent will end up paying child support.
Do you have to pay child support if you have joint custody?
If both parents equally share the care of the children, then neither parent will make child maintenance payments or be responsible for child support arrangements.
What are the 3 types of custody?
The main types of custody are Legal, Physical and Joint or, a variation on one or the other.
At what age can a child decide which parent to live with in NY?
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 mother move a child away from the father in NY?
Relocation: When the Custodial Parent Wants to Move the Kids out of State, and How Courts Handle It. However, under New York law, one parent cannot just move a child far away from their other parent without Court permission if the other parent objects.
How is child custody determined in NY?
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.
What are the custody laws in New York State?
Most U.S. states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act, which fosters legal cooperation with respect to multi-state custody cases. New York child custody laws comply with the Act, while also allowing grandparent visitation rights and joint custody.
What does joint custody really mean?
Joint custody is a legal agreement establishing that both parents will be responsible for bringing up their children, even though the marriage has been dissolved. This means sharing time, obligations and rights to the child. The agreement will clearly establish that the costs involved in childrearing are the responsibility of both parents.
What is joint physical custody in New York?
Physical custody, also known as residential custody, determines which parent a child will live with. According to the New York State Unified Court System , the custodial parent is “responsible for the actual physical care and supervision of [the] child”. Physical custody can be joint, or sole.
What does residential custody mean in NY?
Residential custody means “where you live.”. It’s possible a judge would order joint legal custody between your aunt and parents (you didn’t say), which would mean they need to try to cooperate and communicate with each other on big decisions. Residential custody just means you live with your aunt.