What are the child custody laws in New York?
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.
Can a convicted felon have custody of a child?
In instances in which an individual is convicted of certain felonies, his or her conviction may automatically lead to him or her losing all parental rights. Any parent convicted of child abuse, endangerment or neglect or any sexually-related offense involving a minor will most likely lose his or her custodial rights.
Can a child live with a felon?
A parent with a felony who is married to the custodial parent can continue to live with the child, except in circumstances where the felony establishes the parent poses a risk to the welfare of the child, such as child abuse or child molestation.
Can I get full custody if father is in jail?
Yes, you may seek sole legal and physical custody while the father is in jail. A judge will likely order monitored visitation when the father has been released from jail if he requests it.
How do you prove my ex is an unfit father?
How Does a Family Court Determine If a Parent Is Unfit?A history of child abuse. A history of substance abuse. A history of domestic violence. The parent’s ability to make age-appropriate decisions for a child. The parent’s ability to communicate with a child. Psychiatric concerns. The parent’s living conditions. The child’s opinion.