Custody and Visitation Basics – 10th Judicial District

이 안내서는 Nassau 및 Suffolk 카운티에 맞게 조정되었습니다.

There are two types of custody: physical custody and legal custody.

물리적 양육권 decides where the child lives. Court orders for physical custody can work in many ways:

• Shared physical custody
• Primary or sole physical custody: This means that one parent takes care of the child most of the time and the other parent has visitation with the child. Visitation, or parenting time, means you can see your child during certain times.

법적 양육권 decides which adult has the responsibility for making important decisions (such as medical or religious decisions) about the life of a child.
Court orders for legal custody can work in different ways. Some examples include:

• Joint or shared legal custody between the parents.
• Sole legal custody: This means that one parent makes the final decisions for the child.

공동 법적 양육권은 두 부모가 서로 대화하고 자녀에 대한 중요한 결정에 동의해야 함을 의미합니다. 그들은 자녀가 어디에 사는지에 관계없이 이 책임을 공유합니다.

당신은 청원 for custody or a petition for visitation in the county where the child has lived for the last six (6) months. A petition is a written request. Judges often make decisions about custody and visitation at the same time in Family Court. If the parents have a divorce going on, then the Supreme Court will usually decide custody and visitation along with the divorce.

Any legal parent can file for custody of their child. Anyone else who plays an important role in the life of the child (such as a relative or family friend) may also ask the court for custody. If you are not a parent, the judge will 검토, or look at, the case differently to see if you have the legal right to file for custody. See page 3 of this guide for more information.

There are many reasons why you might want to start a custody case. Here are some examples

• You believe it is in your child’s best interests to live with you
• You believe your child is being harmed where they live now or is in danger of being harmed
• You and the other parent have trouble talking to each other about your child

아니요. 부모는 법정에 가지 않고도 합의에 이를 수 있는 경우가 많습니다. 그들은 자주 사용합니다 중개. Mediation is when someone called a mediator helps you and the other parent come to an agreement. Mediation may not be a good idea if there has been domestic violence between the parents. If you are interested in mediation, call the Family Legal Care Helpline at 1-800-696-8629 for the name of a center near you. You can also ask the judge to go to mediation if you started a case already.

When two biological parents want custody, a judge must determine what is in the best interests of the child. The judge will look at many things when figuring this out. The case will not be decided based on who loves the child more or who has more money. The judge does not favor one parent over the other, even if the case involves a young child. During the case, the judge will hear from all parties. Each case is different as each family is different. The judge’s decision about custody and visitation will depend on the facts and circumstances of your family’s case.

Your child may be given a lawyer by the court to represent them in a custody case. The lawyer is called an 아이를 위한 변호사. The attorney for the child’s job is to tell the judge what the child wants. If the child is old enough to say what they wants, the judge may consider it, depending on the child’s age and maturity. The judge and the attorney for the child want to be sure that it is what the child really wants, not what one parent has asked the child to say. Sometimes the judge will schedule a date and time to meet only with the child and the attorney for the child. You will be notified about any meeting between the judge, your child, and the attorney for the child.

Things sometimes change after the court makes a custody or visitation order. This is called a 상황의 변화. If this happens you can file a petition to ask to modify the order. This is called a 수정 청원. To modify means to change. The judge will hear the case and, if appropriate, can make a new order.

When a judge is deciding a custody case between a parent and someone who is not a parent, the judge will consider different things.

먼저, 판사는 다음 사항이 있는지 여부를 결정합니다. 특별한 상황. Examples of some extraordinary circumstances are: when a court has determined that there has been abuse or neglect; the child has been harmed by domestic violence; or when there is substance abuse in the parent’s home. It might also mean that the non-parent (a person who is not a parent) has been caring for the child for a very long time. It is automatically considered to be an extraordinary circumstance if a grandparent has been caring for a child for two or more years.

If there are extraordinary circumstances, then the judge will decide what is in the best interests of the child. If there are no extraordinary circumstances, the judge will dismiss the petition.

당신은 방문 청원. 법원은 거의 항상 부모가 자녀와 함께 방문하는 것을 허용합니다.

A court may not allow visitation if there is 증거 that the visits will put the child in danger or hurt the child. Evidence is information presented to the court to prove a case. Examples of things the court might consider dangerous are drug or alcohol problems, a prior history of sexually abusing the child, or a child’s exposure to domestic violence.

Often, if the court thinks the child would be in danger, it will order 감독 방문. This means someone else watches while you visit with the child. This can be at an agency or by a person upon whom both parents agree. The court may also order therapeutic visitation. This means that a mental health professional is present during the visit. This person can help improve the parent’s parenting skills and relationship with the child.

Yes. You have the right to visit with your child at least once every two weeks if the child is in foster care.
However, if a parent’s rights have been terminated, they do not have the right to visit the child. For more information, please see Family Legal Care’s guide, “친권 종료”.

Grandparents and siblings can petition for visitation with children. The judge may order visitation if it is in the best interests of the child and if special circumstances have led to the person not being able to visit with the child. The following may be an example of a special circumstance: You are a grandparent, and your child died. Before your child died, you saw your grandchild often. Now you never see your grandchild.

Sometimes the court will order that the child has to be picked up and dropped off at a police station or some other safe place so that the parents have no contact with each other.

If there has been domestic violence in the home and the court thinks the child may be in physical or emotional danger by spending time alone with the person, the judge can also order supervised visitation.

No. Child support and visitation are generally separate matters. The courts generally believe that it is best for a child to spend time with both parents. In fact, a judge may punish a parent who stops visits by the other parent without permission from the court. The judge will usually keep the visits going, regardless of whether or not the parent is paying child support.

당신은 위반 청원 in court. This lets the judge know what has been going wrong. Some examples of violations may be: missing visits, arriving late to visits, acting inappropriately with the child during the visits, bringing the child back late, and not talking to the other parent about important decisions if you have joint legal custody. The judge may hold a hearing to determine if the parent has violated the order and how to respond. For example, the judge may apply a penalty or change the order.

Yes. In New York State, you can 가리키다, or name, someone to take care of your children if you are sick and not able to do so. The person you designate is called a 대기 보호자. 대기 보호자는 친구나 친척이 될 수 있습니다. 대기 보호자를 지정하기 위해 반드시 아프지 않아도 됩니다. 대기 보호자를 지정한다고 해서 양육권을 포기하는 것은 아닙니다.

You can designate a standby guardian by filing a petition in either Family Court or Surrogate’s Court. There is also a special form called a Designation of Person in Parental Relationship form that you can fill out that lets you temporarily designate a standby guardian for up to six (6) months without going to court first. This form is available through the New York State Office of Children and Family Services.

이 문서는 변호사와의 상담을 대신할 수 없습니다. Family Legal Care는 형사 및 가정 법원 시스템과 관련된 모든 개인이 변호사와 상담할 것을 권장합니다.