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A Custody Order gives responsibility for the child's care and how the child is brought up to one or both of the child's parents or to someone else. There are two parts of custody: (1) legal custody and (2) physical custody.
A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter.
Who can get custody of a child in New York? The mother and legal father can ask for custody. A legal father is a man who has signed an Acknowledgement of Paternity or received an Order of Filiation from the court or is listed as the father on the child’s birth certificate.
Understanding the legal responsibilities about child custody and how they're determined in New York can be challenging. Learn about joint custody, grandparent visitation rights, and much more about New York child custody laws at FindLaw's legal primer.
Custody and Visitation Orders. A New York State Supreme Court or Family Court can make orders about a child's custody and visitation until the child is 18 years old. Help With a Custody/Visitation Order. If you want to change the custody and/or visitation order, you can start a case to "modify" the order.
Filing for Custody. When you come to court about custody or visitation for your child, you may have a choice: whether to file a custody petition and have your case heard in front of a Judge or court attorney-referee or to have your case referred to mediation.
A copy of the petition for an order of custody and a summons must be served upon the individual who has custody of the child. If one parent files the petition, the other parent must be served. If a non-parent is seeking custody of a child, both parents must be served.
What is child custody and visitation? Custody is the legal responsibility for a child’s care. Physical custody or residency provides for where the child lives. Legal custody provides for decision making power over things like education and health care. There are two types of legal custody.
Visitation Rights. Visitation rights govern the non custodial parent’s right to spend time with their child. If a parent does not receive primary custody, they can receive visitation time with the child.
In any divorce or legal separation case that involves children under 18 years old, a major issue that must be addressed is where and with whom the children will live, and who will have responsibility for making legal decisions regarding them. This is called child custody.