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In New York, anyone can submit a petition for visitation or child custody in a Family Court where the parent should name the other parent in the petition and why they should be entrusted with the responsibility. Both parents in child custody petitions have a right to an attorney, and if the custodian or the parent cannot afford an attorney, the Family Court will assign one to them if a case is filed.
Ronald Phillips New York custody and visitation
Ronald Phillips is an esteemed attorney from New York with expertise in family law. According to him, one parent can request visitation or custody when they start divorce proceedings in Court. An attorney will represent the child; they meet both the child and parents and later inform the Court what the child desires.
According to Ronald Phillips New York, it is after one or two appearances in Court that both the parents of the child can agree on visitation and custody. The Court here can issue either temporary or final orders for the case. If the child’s parents disapprove, there will be a trial in Court. If the custodian or the parent does not appear in the court appearance, it will issue a warrant for arrest, or the Court might release a default order.
How does the Court decide on the custody of the child?
The Court of law needs to decide whether it has the authority to hear the child custody case first. It can only take up the case if the child’s age is less than six months. They have lived in New York their whole life, or the child has lived in the state for the last six months. No other order has been made in another form, or the state of New York has released the custody order for the child, or the child is in New York after an emergency that has taken place in their state of residence.
The best interests of the child are taken into consideration by the judge
If the parent requests custody of the child, the Court of law decides the custody arrangement that will be in their best interests. While doing so, the Court of law considers the lifestyle of the child and the ability and the stability of the parent to look after the child. For instance, the Court considers whether the parent has a stable or a clean home or how much time that parent will spend with the child. Besides the above, the Court also considers whether the child suffers from domestic violence at home. They will take every factor into consideration before giving a verdict.
According to Ronald Phillips New York, if the child wishes to, they can voice their preference to the attorney for staying with a parent. If the child is older, above the age of 18 years, they can express their choice; however, if the child is less than 18 years of age, the Court of law will decide which parent will take custody of the child.
