Child custody in New York is an important topic for all parents involved in disputes. There are plenty of different ways a parent can have custody of their child or not have custody of their child. Understanding child custody issues in New York can make your life easier when involved in a custody battle.
A child custody order mandates the parent or guardian who has responsibility of care to a minor child. The order can be given to one person or multiple people, depending on the court.
A petition for a child custody order can be filed with a court in the state of New York by any person who has a substantial relationship or connection with the child. This includes a parent, grandparent or any other family member. A summons, along with a copy of the petition, must be served to the person(s) who currently have custody of the child.
Once a petition is filed and then served a hearing will be held in New York family court. If both parties involved are in agreement about the custody petition, the court might take testimony from both parties and then enter the child custody order on consent without ever holding a formal hearing.
If the two parties cannot agree on the petition filed, the court will enter a formal hearing so both sides can provide testimony. It is a possibility that the court will order an investigation and report from a mental health professional or special services agency, if necessary. Once the court hears all of the evidence presented the judge will issue a child custody agreement based on the best interests of the child.
Child custody orders can be changed in the state of New York, but one of the parties must first file a petition to have the order modified. In order for the order to be modified, the party seeking a change must be able to prove that circumstances have changed since the order was issued.
Vis it our site today to learn more about child custody in Newburgh, New York, and your rights as the child’s parent.