Sometimes a judge may order joint custody. If you have shared custody (also called custody), your child lives with you and the other parent, both parents having frequent contact with their child. The child may or may not spend the same time with each parent, depending on what the judge considers to be in the best interests of the child. If you and your child recently moved to a new state, you generally can`t apply for custody in that new state until you`ve lived there for at least six months. Until then, you or the other parent can initiate custody proceedings in the state where your child last lived for at least six months.1 There is an exception to this rule: if you or the child, or a sibling of the child, are at risk of abuse or abuse, you can apply for temporary emergency detention in New York. even if you`ve been in New York for less than six months. See Can I get temporary custody in New York? for more information. This can be complicated. If you think this applies to your situation, please speak to an attorney in both states. A list of legal resources can be found on our NY Find a Lawyer page. Shared custody – Shared custody is easier to describe in a situation where there are two children and each parent receives full physical custody of one child. Some of the considerations that can lead to this result are the age of the children and the preference of the children. A non-parent such as grandparent, sibling, aunt or uncle, stepparent, etc.
generally cannot obtain custody of a child except in cases of abandonment, neglect, incapacity of both parents, or other exceptional circumstances.1 See Who can get custody? for more information. For more information about custody in New York City, see The Basics: Custody and Visitation in New York State, created by an organization called Her Justice. (WomensLaw is not affiliated with this organization.) If the parents have never been married or are married but have not begun divorcing, either parent can apply for custody in family court. If you are applying for custody in family court and cannot afford a lawyer, the judge will have to appoint one if you earn less than the income limit.2 However, if there is no court case in progress, please seek legal advice before starting any court proceedings to request supervised access. We strongly recommend that you consult with a custody lawyer to find out what you need to prove to monitor visits and how long supervised visits would last, depending on the facts of your case. If there is no court order, both parents have the same right to physical and legal custody of the child. If you can`t get a lawyer to help you and you`re considering filing an application for custody yourself, you should check the New York courts website, which has links to documents you need to fill out and file in court. Even if you plan to represent yourself, you should try to have your documents reviewed by a lawyer before filing them. Access (also called “parental leave” in New York City) refers to the time non-custodial parents spend with their children. This means that even if the child lives with one parent, they can still spend time with the other parent. A parent who does not have legal custody or physical custody is usually still entitled to access. Note: Even if there is a protection order stating that the offender or parent must stay away from the child, an exception is often made for the offender or parent to see the child during court visits.
(For example, the protection order may be: “Stay away from the child, except for court-ordered visits.”) Finances – If a parent`s financial situation may lead to unstable housing or homelessness, this could affect the custody arrangement. Interim custody – “De facto” custody refers to the person who actually has custody of the child at the time. This may differ from “court-ordered custody.” To formalize custody before starting a dispute, you must apply for provisional custody. Temporary custody is based on the “best interests” standard.
