Child Custody Laws In New York For Single Parents
The objective of New York’s unmarried parent-child custody legislation is to protect both parents’ parental rights and the child’s best interests. Parents who are not married enjoy many of the same privileges as those who are. They can request custody, support, and visitation.
On the other hand, compared to married parents, cases involving single parents tend to raise certain problems more frequently. For instance, when it comes to New York Child Custody laws for single parents, paternity is more frequently an issue. In these kinds of cases, the procedures for taking the child to court and issuing or executing a physical custody order are more frequently involved.
Offspring of single parents are entitled to receive financial assistance, or other benefits from one or both parents, like health insurance etc. The best interests of a child and the parents’ respective financial conditions are both considered when determination of the amount of child support is done. It is like the children born into marriages.
An Overview Of Unmarried Parent’s Child Custody Rights In New York
Some basic information about the topics covered by New York’s child custody regulations for single parents is given in the table below:
| Regulation/Statute | Section 70: New York Domestic Relations Law |
| Enforcement | · The parent who is granted custody of the child may need to request that the order be enforced once it has been decided by considering the situations of both parents and what is best for the kid.
· The shared habeas corpus rights are typically utilized to enforce the order of the court, but a parent may ask for the issue of a warrant to take physical possession of their child if there is an immediate threat to them or a chance that they may be shifted from that state. · This warrant is required to be: 1. List the details that support an establishment in which the person faces immediate danger of severe harm or removal from that jurisdiction. 2. Giving law enforcement the approval of physical custody of the child right away and turning them over to the petitioner; deciding for the child’s placement while they wait for ultimate relief. |
| Determining paternity | · In most cases, the mother is in no doubt. To determine paternity, one of two approaches is used:
1. Either the court is petitioned to determine paternity or the putative father signs a voluntary acknowledgment of paternity form. 2. To conclusively determine paternity, the court will require genetic testing upon petition. 3. The court will issue required genetic testing upon petition. 4. The court will issue an order of filiation, establishing their status as the legal father, if it is demonstrated that the man is the biological father. |
| Habeas Corpus | A writ of habeas corpus may be requested by either parent to have a child taken before the court to determine guardianship and custody, which is decided in the child’s best favourable interests. |
Special Note: New legislation, ballot initiatives, court rulings (including federal rulings), and other actions have the power to amend state laws at any suitable time. Even when it is attempted to present the readers with the latest information, the reader must still check the state law(s). One must also investigate by consulting an attorney or doing in-depth research.
Consultation With A New York Attorney For Custody Related Case
Child custody disputes are infamously tough and quite emotional, and an independent lawyer is usually advantageous. Regardless of your marital circumstances, hiring an experienced attorney by your side can help you with a certain guarantee of outcome. An experienced lawyer will always make sure that the proceedings of a custody case are fair to you.
