At what age can a child choose which parent to live with in NY?

Whether a child is 3, 7, or 17, their preference is always important, however, once a child reaches the age of 13, the child’s wishes will be given more weight. Still though, a younger child’s preferences will not fall on deaf ears; judges are interested to learn what these preferences are.

How does custody work in New York State?

Custody. 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 New York court can make orders about the child’s custody only until the child is 18 years old.

What happens if a judge gives joint custody?

Whoever has legal custody has the right to make important decisions about a child’s care such as medical care or religious upbringing. If the Judge gives joint legal custody, the parents make major decisions about the child together. It doesn’t matter which parent the child lives with; both parents must agree on the decisions together.

How old do you have to be to get custody in New York?

A New York court can make orders about the child’s custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the “best interest of the child.”. If there is no court order, then both parents have equal rights to physical and legal custody of the child.

How does living arrangements affect a custody case?

Some parents decide that the best time for sleepovers is when their child isn’t at home. When considering living arrangements, a judge will consider whether a child would be psychologically affected by a drastic change in their environment. Again, a judge’s main concern will be the best interest of the child.

Can a parent get joint custody in New York?

Parents may share joint legal custody in New York. The court usually will give custody to only one parent if parents are not able to cooperate. Custody or visitation can be changed if there is a significant change of circumstances that affect the child’s interests.

How is sole custody determined in New York?

The child’s best interests are also the most important factor for the court when deciding whether a situation warrants granting sole custody. Custody laws in NY provide that there are specific factors that constitute the best interests of the child.

What are the different types of child custody in NY?

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. Joint custody in NY is common. Sole custody. This is where only one parent has custody of the child.

When does a court give custody to only one parent?

The court usually will give custody to only one parent if parents are not able to cooperate. Custody or visitation can be changed if there is a significant change of circumstances that affect the child’s interests. If the parent who has custody of the child wants to move, he or she may need to get permission from the court.