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Explaining Divorce and Custody Laws for Forest Hills, NY Residents

Residents of Forest Hills, here’s some information sourced from the official NY government site about the regulations surrounding child custody laws in New York. It specifies that a New York court has the authority to make decisions on child custody matters until the child reaches the age of 18. The court determines custody based on what is in the “best interest of the child.” In absence of a court order, both parents have equal rights to physical and legal custody of the child.

The court decides on custody after evaluating the evidence presented. The child’s best interest is the primary factor considered in awarding custody. In some parts of New York City, a Family Court “court attorney-referee” might preside over a custody or visitation case, make judgments, and issue orders. If the concept seems complicated, consider contacting a divorce or custody lawyer in Forest Hills, Queens.

New York does not automatically split child custody 50/50 between parents. The court evaluates multiple factors before awarding custody. There is no particular age in New York, whereby a child can decide with whom to live. Until a child turns 18, the court has the final say.

After legal recognition of paternity, a father is entitled to visitation and custody rights. Parents either have to agree on custody and visitation arrangements or permit a court to make those decisions based on the child’s best interests.

A New York divorce court can decide on child custody matters until the child is 18 years old, following the “best interest of the child” policy. Without a court order, both parents have equal custody rights.

A parent could lose custody due to the following reasons:

  • Child abuse or neglect.
  • Irresponsible usage of alcohol or drugs.
  • Child abduction.
  • Violating court orders.
  • Interference in the child’s relationship with the other parent.
  • Misrepresentation to the court.
  • Generally jeopardizing the child’s welfare.
  • A point to note is that an unwed mother automatically gains sole custody upon the child’s birth. However, custody can be changed if the father applies for custody or visitation later.

    Moving with a child in New York is handled case-by-case, as there’s no certain distance limit stipulated by the law. The decisions are made based on what’s seen to be in the child’s best interest.

    With respect to unwed mothers, they are automatically given sole custody at birth. However, the father can gain legal rights after establishing paternity.

    Relinquishing parental rights is a binding decision in which biological parents willingly give up their rights. This decision is irrevocable, whether conditional or unconditional.

    Usually, in New York, non-custodial parents have limited rights. However, they often have visitation rights, depending on the specific terminology in the divorce or family court order.

    In Forest Hills Queens, you can find compassionate, affordable, and professional legal assistance. Aronov Esq Contested Divorce Lawyer operates at 98-14 Queens Boulevard Rego Park, NY 11374. Contact them at (718) 206-2050.

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