The idea is that the first-state custody order will be fully enforced in all other states, and the Parental Abduction Prevention Act will help ensure that the first-state custody order is enforced and that law enforcement agencies can be contacted to help return the child to the other parent if one parent refuses to do so. Return the child. For more information about custody in New York City, see The Basics: Custody and Visitation in New York State, created by an organization called Her Justice. (WomensLaw is not affiliated with this organization.) If you can`t agree on a custody agreement, the court will conduct proceedings on a custody application or divorce lawsuit to make a custody decision, and the court will make the custody decision for the parties. A judge may also award joint custody to both parents. If you have joint custody with the other parent, you and the other parent generally have the same rights and obligations to make decisions that affect your child`s life. This means that you and the other parent have influence on decisions such as where your child goes to school, what kind of religious education your child receives, and whether your child needs surgery.1 Note: You don`t need a custody order to apply for child support.4 No. Visits and support are two separate issues, and the courts do not hear visits denied because child support is not paid, especially if there is already a custody order setting out the access or custody plan. Domestic violence – Courts obviously consider a history of domestic violence or domestic violence when awarding custody If a parent committed murder or sexual assault: If one of the parents was convicted of the 1st or 2nd degree murder of a parent, legal guardian, brother or sister, a half-brother or half-sibling or half-sibling of a child who is the subject of custody proceedings, This parent cannot obtain custody or access. If a parent has been convicted of 1st or 2nd degree rape, 1st degree sexual conduct against a child, predatory sexual assault or predatory sexual assault against a child, the judge must assume that it is not in the best interests of the child for the parent to have custody or access, But the parent can try to prove: that the judge should change his mind. (Note: There may be exceptions if the child or their legal guardian consents to visit/custody, or if the person convicted of murder can prove that they were a victim of domestic violence and killed the thug, etc.) 2 Access (also known as „parental leave” in New York) refers to the time parents spend with their children without custody.

This means that even if the child lives with one parent, they can still spend time with the other parent. A parent who does not have legal custody or physical custody is usually still entitled to access. Note: Even if there is a protection order stating that the offender or parent must stay away from the child, an exception is often made for the offender or parent to see the child during court visits. (For example, the protection order may be: „Stay away from the child, except for court-ordered visits. If a parent has committed domestic violence: A parent who has committed domestic violence may be granted custody or access if the judge determines that it is in the „best interests of the child” to do so. Although divorce and custody cases can sometimes be very controversial, the main issues that the courts deal with when granting custody and access rights are the best interests of the child or children involved. A judge may give sole custody to one of the parents. If you have sole custody of your child, you have the right to make important decisions about your child, while the other parent does not.1 If parent A has sole physical or legal custody, the court will also establish a visiting schedule for parent B. Visiting schedules vary greatly from case to case and may be on parents` work schedules, based on children`s school and extracurricular schedules and other factors – this is another reason why a good lawyer is essential.

If you are not the custodial parent, you want someone to negotiate so that you have as much time as possible with your children. (The above are just a few examples and are not an exhaustive list of the different ways courts grant custody in New York.) The UCCJA and UCCJEA were enacted to ensure uniformity among the 50 states with custody orders, so that one parent cannot simply take the child to another state and obtain a custody order at the expense of the other parent if a state has already issued a custody order. If you receive a custody order, you may have the right to make decisions about your child (custody) and the right to let your child live with you (physical custody). If the child`s home state is New York and you are currently in the middle of custody proceedings, interim custody orders are often issued while the case is awaiting resolution through a court case or settlement where a final order is issued. Note: The term interim custody is generally used in family court, while the term pending custody is often used in the Supreme Court (where divorces are processed). (Pendente lite is a Latin term meaning „while the action is pending.”) A non-parent, such as a grandparent, sibling, aunt or uncle, step-parent, etc., generally cannot obtain custody of a child except in cases of abandonment, neglect, incapacity of both parents, or other exceptional circumstances.1 See Who can get custody? for more information. Many factors play a role in a court`s decision-making process, most of which are used to determine the best type of custody of the child. Your goal is to choose the type of child care that provides a stable and healthy environment for the child. These factors include the age of the child, physical and mental health, the parent who is the child`s primary caregiver, the lifestyle of the parents, etc. For more information on how these decisions are made, visit the New York Custody Laws and Courts page.

Once a final custody and access agreement has been made between you and your co-parent, you will have plenty of tools at your disposal to help you comply with your agreement, create an organized parenting plan schedule to keep you on track, and communicate with your co-parent. Managing conflicts between you and your co-parent is often difficult after a recent divorce. Our Family Wizard website® aims to significantly reduce this conflict through the use of these tools and create a safe and healthy environment for your children. Information about other states can be found on the Our Family Assistant, Divorce page, what you can expect by state. After consulting with a lawyer about New York`s custody laws, the next step is to determine your rights and responsibilities as a co-parent after entering into your custody agreement. However, if there is no ongoing court case, please seek legal advice before initiating any legal proceedings to request supervised visits. We strongly recommend that you consult with a custody lawyer to find out what you need to prove to monitor visits and how long supervised visits would last, depending on the facts of your case. There are many other factors that the courts consider in their judgment.

There are no strict rules that apply to all cases. That`s why it`s important to have an experienced lawyer by your side. It`s your lawyer`s job to aggressively defend your strengths with respect to each of the factors the court considers when deciding your custody case. If you currently reside in New York City and are going through a divorce or custody dispute, it`s important that you are familiar with New York`s custody laws.