By John Smith in Understanding child custody laws | on 2025-01-14 18:25:27
Unmarried parents have the same general legal standards under New York State child custody laws as unmarried parents. Unmarried parents often face special challenges related to custody, visitation, and child support. The Levoritz Law Firm know these complications and can help you going through them.
In New York, unmarried parents follow the same custody laws as married parents. For unmarried parents, the process typically includes more steps to establish those rights. For example, fathers may have to legally establish paternity via a signed acknowledgment or court order before seeking custody or visitation. After paternity is established, custody cases are determined by the best interest of the child.
These considerations range from assessing the stability each parent can offer to the child to each parent’s mental and physical fitness, to how well the parents can work together in parental responsibilities. The existing relationship between the parent and child, as well as a desire to keep a stable and loving environment, are also considerations for courts.
New York law treats both parents equally when determining child custody under New York law. For fathers, establishing paternity is often a prerequisite for custody or visitation. After paternity has been established, custody disputes follow the same course as those for married parents. Judges consider what arrangement is best for the child.
Custody laws in New York take into account a variety of factors, such as who has played the primary caregiver role, the fitness of the parents, and who can foster a positive relationship with the non-custodial parent, according to the Child Welfare Information Gateway.
In NY, either parent has the right to apply for custody, and the process can vary depending on whether the parents are married. For fathers who are not married, establishing paternity legally is essential. This may happen via a signed acknowledgment when the child is born or by a court order.
Shared responsibility is stressed by the state. Custody arrangements generally presume both parents should have a significant relationship with the child, absent a finding of abuse or neglect or other factors making one parent unfit.
Unmarried mothers automatically receive custody upon the birth of the child unless paternity is legally recognized for the father. Once paternity is established, both parents may petition for custody or visitation. Courts look at the child’s well-being, including how involved each parent is, the child’s home situation, and what each parent can provide.
In New York, custody can be sole one parent having decision-making authority — or joint, depending on the circumstances in the case, according to the Legal Assistance of Western New York.
There are several factors judges consider to determine custody, such as:
Negotiating custody agreements requires cooperation. Parents can collaboratively create schedules that serve their child’s needs. Tap into mediation to settle without court battles and find a solution you both can agree on.
TheNYC Human Resources Administration notes that effective co-parenting is vital to making successful custody and child support arrangements, especially for unmarried parents.
Unmarried parents must provide a safe, stable environment. A father needs to establish paternity and take an active role in the child’s life. Evidence of such consistent involvement, such as meeting with the child’s schools and showing up for medical appointments, adds to your case.
Unemployment does not, by itself, bar a parent from obtaining custody. Judges look at a totality of circumstances to determine the ability to provide a loving, stable environment, not simply whether one parent has more money. Unemployed parents can still obtain custody or visitation if other circumstances are in the child’s best interests.
Legal custody is the power to make major decisions in a child’s life, including those about education and health care. Physical custody governs the child’s primary residence. Parents can share both legal and physical custody, or one parent can have sole custody of one type or both.
For instance, a judge could grant joint legal custody but award physical custody to one parent if that serves a child’s stability and routine.
Joint custody means parents share responsibilities and authority in making decisions. This agreement may include joint legal custody, in which the parents share decision-making regarding education, health, and welfare, and physical custody, which determines where the child lives. Joint custody families have to work together for the best interests of the child, and that takes communication and respect.
That differs from sole custody, where either one parent has exclusive rights to make decisions (legal custody) or provide a primary residence (physical custody). This type of custody is often invoked when the other parent is found unfit due to substance abuse, neglect, or domestic violence, among other things. While courts generally lean toward joint custody in order to encourage shared parenting, the best interest of the child always comes first. Because joint custody is not always going to be viable, the court looks at protecting safety and stability over equal access.
No, a mother cannot simply prevent the father from seeing the child if the father has established rights as the law has given him. Fathers can seek custody or visitation through the courts if access is denied. There is a presumption both parents should have some contact with the child, too, which courts prefer.
Yes, even in a 50/50 custody arrangement, child support may still be ordered. Courts determine support obligations based on the incomes of both parents and the child’s needs. Shared custody doesn’t eliminate financial obligations.
Child custody can be tricky for any parent, but for unmarried parents, such as those facing child custody in New York, it comes with its own challenges. At The Levoritz Law Firm, we focus on obtaining the best possible solutions for our clients and their families. Schedule a consultation with us by calling (718) 942-4004 and learn more about how we can protect your rights.
Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Yonatan Lavoritz who has more than 20 years of legal experience as a divorce & family attorney.