Brooklyn, NY – New York has laws written into their statutes that say how child custody issues will be determined, which is just like every other state in the country. Couples who end up in family court will have to make arguments in front of the family court judge regarding their ability to be a suitable parent and provide resources. In many cases, the court will have to use its own judgment regarding these issues when the parents cannot agree. 

Custodial and non-custodial parents

The terms to describe which parent has more custody time are custodial and non-custodial. 

The custodial parent is the one who has custody of their child a majority of the time. The non-custodial parent may only be granted certain time frames with the child, such as weekends or certain days out of the month. The non-custodial parent will normally also have to make child support payments as well according to state law. These payments will generally last until the child turns 21, and health insurance must be included as well. 

The courts will decide who receives each status during a custody dispute based on a number of factors. A parent with no custody rights also has the option of petitioning for paternity and custody time based on a genetic test. 

Different types of custody in New York

New York law divides custody into two parts, they are physical and legal custody. Legal custody is mostly concerned with decisions about the child’s upbringing such as medical decisions, education, and the child’s religion. This does not necessarily affect the temporal sharing arrangements. Physical custody refers to who the child is actually living or staying with at any given time. 

In some cases, judges in the state award a fifty-fifty custody split, which is called joint custody.

Joint custody is normally awarded when the parents are still on friendly terms, and they can agree on most aspects of their time sharing arrangements. This is likely the most convenient situation for many couples, however disputed cases are unlikely to result in a judge allowing joint custody. 

Modifications to custody arrangements

Any order that a judge puts in place regarding custody issues will remain in force until one of both members of the couple can present new information that shows different arrangements will be better for the child. If one or both of the parents wish to modify child support payments, a similar process must be completed to change these amounts as well. A judge has to make a finding that both the new information and changed circumstances will warrant new arrangements, and that the best interests of the child will be served. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201


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