How do I file for custody of my child in NY?
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How do I file for custody of my child in NY?
Where to File for Custody. Custody cases are usually started in Family Court. The petition should be filed in the county where the child lives. Sometimes, if the parents are married and getting a divorce, one of the parents file for custody as part of the divorce in Supreme Court.
Who has legal custody of a child when the parents are not married in NY?
Unwed mothers automatically assume full legal and physical custody of their child at birth as long as the court has not made an order taking away the mother’s rights. However, the father may be able to obtain some measure of custody if he is able to legally establish paternity.
How do I prepare for custody mediation?
Tips for making mediation successful
- Focus on the your child’s best interest as you make decisions.
- Listen to the mediator and the other parent.
- Get enough sleep the night before.
- Set aside personal conflicts with the other parent.
- Be courteous, calm, and professional.
- Stay on topic and avoid talking about other issues.
What happens if mediation agreement is broken?
When mediation is ordered by the court, the agreement that is reached there is often entered into record as an official court order. This means that anything you do to violate the agreement will be a violation of a judge-issued order and you can be fined or jailed as a result.
What happens if mediation does not work?
If the mediation fails and you do not reach an agreement or settlement, you can still take the issue to court. Parties do not give up their right to litigation if they want to resolve the dispute in mediation first
Is mediation final and binding?
Mediation is first and foremost a non-binding procedure. The non-binding nature of mediation means also that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it.
