Five Things You Did Not Know About Child Custody in New York

Here are Five Things You Did Not Know About Child Custody in New York:

  1. No Court Order means No Rights: For unmarried parents — without a Court Order, you do not have any enforceable rights to custody. This is why if you are an unmarried parent, it is very important to go to Court to get a Court Order for your rights. If you are married, you have certain rights, but, again, to make your rights clear and enforceable, it is important to consult with an attorney to determine if you need to get a Court Order.
  2. Failure to Pay Child Support Does Not Necessarily Affect Custody: If a parent does not pay their child support, it does not necessarily affect their custody rights. Therefore, even if that parent is not paying child support, you cannot unilaterally refuse that parent their parenting time. However, you may want to consult with an attorney to see what can be done with a Court order.
  3. Children’s Wishes May Effect Custody: The key word here is “May”. The older a child is, then the more that their wishes will have an effect on which parent gets custody. However, until a child is 18 years of age, the Court does not have to follow the child’s wishes.
  4. Parental Alienation and False Allegations are Two “Negative” Factors: There are a few factors that the Court will consider when awarding custody. If one parent has engaged in parental alienation or has made false allegations against the other parent, then that will be considered a negative factor against the parent engaging in parental alienation or making the false allegations. In many cases, a Court will award custody to the “innocent” parent even if there are other factors that normally would grant custody to the parent who is engaging in parental alienation or is the one making the false allegations.
  5. In New York, Joint Custody means …: Typically, the term joint custody means that both parents have joint legal custody. This gives both parents the right to make major decisions in the upbringing of their child. Major decisions are usually defined as: medical decisions, religious upbringing, educational decisions, and sometimes what extracurricular activities the child engages in.

David Badanes and the Badanes Law Office, P.C. have represented numerous parents in their custody actions and in their divorce. Contact the Badanes Law Office, P.C. today at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com.