A parent, grandparent or person with a connection or significant relationship with the child may file an application with the family court requesting that the court take the child into care. A copy of the application and a subpoena must be served (delivered in person) on the party or parties currently having custody of the child. If the child`s parents are separated and a parent requests a custody decision, that parent must have the documents served on the other parent. If a non-parent requests custody of the child, both parents of the child must be served. In a joint custody order, both parents have custody, with one parent designated as the primary residential parent. Under a joint custody agreement, both parents can make decisions about their children. These decisions include the child`s stay, medical and dental treatment, education, childcare, religious instruction, extracurricular activities, summer camps and recreation. However, before a final custody decision is made at a trial, temporary custody orders are issued until a hearing is held at which a permanent order is made. Otherwise, custody will be decided without parental consent after an application for custody has been filed in family court and a trial has taken place, or as part of a divorce action after a trial or custody hearing has taken place. Grandparents do not automatically have custody and access rights. Grandparents can file an application for custody or visitation. A grandparent who receives custody of a parent is very rare.
In addition, it is not easy for a grandparent to receive a court visiting schedule. It is possible, but it is not an easy task. The normal procedure for leaving the state would be by parental consent (should be in writing) or by court order after a hearing. This is called a relocation procedure and it is not an easy case. Courts are generally reluctant to allow children to move if the parent who does not move objects to the move. Joint physical custody (also known as shared physical custody) means that parents usually share custody of the child 50/50 or fairly equally. If a parent has more than 50% of the custody time with the child, it is determined that the parent has primary physical custody of the child, which gives the parent some decision-making power in the absence of an agreement, as well as certain tax credits without an agreement. If you and your spouse are unable to reach an agreement on your child`s custody arrangement, custody may be determined by family court or as part of a divorce action. It is possible that this will happen.
However, if this happens, you can go to court to request that the name be replaced by the previous name. When parents enter into a separation or settlement agreement, there is usually an agreement that neither party will allow a change in the child`s name. In both cases, your parenting plan should determine who has physical and legal custody of the child. If you already have a custody or access order for your child from family court, you can use the Alter Custody or Access Program to ask the court to change the order, or the Custody or Access Enforcement Program to ask the court to enforce it if it is not followed. In the absence of a court order, both parents have the same right to physical and legal custody of the child. If you can determine that the circumstances have changed significantly since the last custody decision, the court will again base its decision on the change by applying the same standard as before – which is in the best interests of the child. If there is no custody order yet, it makes it more difficult because you may have to go to court in the state where the children live. However, if there is already a custody order, it is not so easy and the court could require that the child be returned to New York State. A parenting plan (sometimes called a custody agreement) describes how parents share the rights and responsibilities of raising their children. .