how to get custody of my child without a lawyer in ny

Divorce actions must be filed in NY state supreme court and if you cannot afford an attorney, the judge will provide an attorney for you to handle the custody and visitation portion of the divorce action. (You could also get an attorney appointed to handle an order of protection if you file for an order of protection during the divorce). 1

Full Answer

Can I get custody of my child without a lawyer?

 · Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. Sometimes, if the parents are married and getting a divorce, one of the parents file for custody as part of the divorce in Supreme Court. The custody order is part of the Divorce Judgment.

Who can get custody of a child in New York State?

 · 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 do I arrange a child custody agreement without court?

 · Types of Child Custody in New York. There are several different types of child custody in New York. 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.

How do I file a custody petition in New York State?

A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child's parents are separated and one …

How do I get full custody of my child in NY?

How do I get full custody of my child in New York? A. To obtain full custody you must file a petition in the New York Family Court and in that petition clearly state the reasons why you should be awarded full custody. You must promote the best interests of your child in your petition.

How is custody determined in NY?

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.

Does NY favor mothers in custody cases?

Neither parent has a preferred right to custody of their children in New York. If there is no custody order, either parent can keep the child with him or her. If the case goes to court, the custody decision must be made in the “best interests of the child.”

What constitutes an unfit parent in New York?

When a parent's conduct fails to provide proper guidance, care, or support, the court can declare a parent to be unfit. Additionally, if substance abuse, abuse, or neglect, the court may deem the parents unfit. In most cases, after a court declares a parent unfit, Child Welfare Services typically become involved.

Can a mother deny a father access?

Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

Who has custody of a child if there is no court order NY?

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.

On what grounds can a father get full custody?

There are therefore usually two situations in which a father would seek custody, the first being if the parties have separated and the father just wants to have the children with him, and the second being if the father has a genuine concern about the children's welfare when living with their mother.

Is NY A 50/50 custody State?

New York is Not a 50/50 Custody State There is no automatic legal presumption in New York state that both parents should have a 50/50 custody split. Parents have the right to try to negotiate a custody agreement that works for both of them.

What age can a child decide who they want 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.

Can a parent keep a child from the other parent without a court order?

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. This question often comes up in the following situations. The parents (whether married or unmarried) are no longer together and the child resides with one of the parents.

What is malicious parent syndrome?

In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.