How does joint custody work in NY?
If the Judge gives joint physical custody, the child lives with each parent for an equal amount of time. If the Judge gives sole physical custody, the child lives with this adult more than 50% of the time and this person is the custodial party and the noncustodial party will have visitation.
How far can you move with joint custody NY?
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.
What age can a child choose 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.
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.
At what age can a child decide which parent to live with in NY?
Can I move if I have joint custody?
Ultimately parents should comply with the parenting agreement or Court orders that are in place. That applies to both parents, not just the parent who has primary care of the child. If you can’t agree, then the parent who wishes to relocate will need to seek a change to the Court order.
Do you have to pay child support in NY if you have joint custody?
What is an unfit parent in NY?
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
How old can a child choose which parent to live with?
There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision.
How does joint custody affect child support?
50/50 custody arrangements do not necessarily absolve parents of child support obligations. Child support has less to do with how much time each parent spends caring for their children and instead has everything to do with which parent has a higher income.
Are there different types of custody in New York?
Types of custody can include: Joint custody. This is where both parents share custody based on a schedule that is decided by them or by the court. Sole custody. This is where only one parent has custody of the child. Legal custody. Physical custody.
What are the requirements for joint custody?
When parents share physical custody, the child doesn’t have to split time evenly between parents. Most states require that a child spend a minimum of 110 overnights with each parent to qualify as a joint physical custody arrangement.
How do you file for joint custody?
Filing for Joint Custody Consider hiring an attorney. Locate the appropriate court. Complete the necessary forms. Review your forms. File the forms. Serve the other party. Wait for an answer. Take part in mediation. Submit an agreement.
What are the types of custody in New York?
physical custody simply refers to where the child lives