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Understanding child custody issues in New York

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.

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District