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New York Child Custody |
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Who Gets Custody?
CHAPTER 14 OF THE CONSOLIDATED LAWS DOMESTIC RELATIONS LAW
Article 1. Short title; definitions (§§ 1,2).
Article 2. Marriages (§§ 5-8).
Article 3. Solemnization, proof and effect of marriage (§§ 10-25).
Article 4. Certain rights and liabilities of husband and wife
(§§ 50-61).
Article 5. The custody and wages of children (§§ 70-73).
Article 5-A. Uniform child custody jurisdiction and enforcement act
(§§ 75--78-a).
Article 6. Guardians (§§ 80-85).
Article VII. Adoption (§§ 109-117).
Article 8. Surrogate parenting contracts (§§ 121-124).
Article 9. Action to annul a marriage or declare it void
(§§ 140-146).
Article 10. Action for divorce (§§ 170-175).
Article 11. Action for separation (§§ 200-203).
Article 11-A. Special provisions relating to divorce and separation
(§§ 210-211).
Article 12. Dissolution of marriage on ground of absence
(§§ 220-221).
Article 13. Provisions applicable to more than one type of
matrimonial action (§§ 230-254).
Article 15. Laws repealed; when to take effect (§§ 270-272).
What is Physical Custody?
Physical custody defines where the child will live also called residential or physical custody.
What is Legal Custody?
Legal custody defines the right and responsibility to make decisions regarding the raising and upbring of the child.
Joint Custody vs. Sole Custody
Joint custody means the parents (joint custodians) make major decisions about the child together such as decisions about the child's education, health, and religion. The routine day-to-day decisions in joint custody are made by the parent who is physically caring for the child at the time. Sole custody means only one parent (the parent who has sole custody) has the right to make the major decisions about the child.
Some Factors the Court may consider to determine What's Best for the Child
The following list is not a complete list of factors, but some general factors the court may consider.
- Which parent has been the primary caregiver or main nurturer of the child
- The parenting skills of each parent, their strengths and weaknesses and their ability to provide for the child's special needs, if any,
the mental and physical health of the parents
- Whether there has been domestic violence within the family
- The parent's work schedules, parent's availability, and child care plans of each parent
- The child's relationships with siblings, brothers, sisters, and members of the family
- The child's wishes or preference depending on the age of the child, maturity of the child, child's reasons for his/her wishes
- Each parent's ability to cooperate with the other parent and to encourage a relationship with the other parent, when it is safe to do so
New York Child Custody Help
If you are seeking legal advice you will want to consult an attorney in your jurisdiction about your specific situation, where you stand legally, and what your legal options are. The above information is not legal advice and should not be construed as such. If you have interest in my coaching services and wish to speak with me in detail about your specific situation you can schedule a coaching session as described below. If you are the do-it-yourself type or seeking information and strategies related to child custody, custody evaluations, and more, you may want to pick up a copy of my eBook, How to Win Child Custody. It is available for purchase on my website for only $49.95.
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| Phone Coaching |
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The phone coaching sessions are designed so you can have a fast, efficient, and economical way of scheduling a coaching session to discuss your child custody, child custody evaluation, and/or divorce related matter via telephone in the comfort and privacy of your own home. Phone coaching is flexible and allows you the opportunity to request an appointment before work, after work, or on a weekend or at any time that is convenient for you. The phone coaching session can often be scheduled and take place the same day payment is made and forms are received for those seeking immediate coaching. For full details about fees and how to get started click here.
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| In-Person Coaching |
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The in-person coaching sessions are designed for parents who prefer face-to-face meetings and are held in Orange County California. Southern California residents in Orange County, Los Angeles, Ventura, Long Beach, Riverside, San Bernardino, and San Diego will often request to discuss their matters with me in-person. In-person coaching sessions are held in the Mission Viejo area or Costa Mesa area in South Orange County California and are an option made available to persons who can travel to one of these two locations. For full details about fees and how to get started click here.
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| Monthly Coaching |
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Monthly coaching is designed to provide ongoing coaching and support throughout the month and provides for an economical way of receiving such support on matters such as divorce, child custody, move-aways, post-judgment modifications, child custody evaluations, etc. Fees are known up front so there are no surprises. This also allows you to choose the plan that is right for you and also works within your budget. Weekly coaching sessions and email communications allow you to discuss your child custody matters, developments, and results regularly throughout the month. For full details on fees and how to get started click here.
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| CHILD CUSTODY E-BOOK |
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"I have perused Steve Carlson's E-Book "How to Win Child Custody." It is well-written, timely and chock-full of great information for everyone from the lay child custody litigant, to pro se'er, to experienced attorney and to parenting coordinator. While it is mainly geared toward California law much of Steve's advice does apply to all 50 states. I highly recommend it. Too bad it wasn't written 20 years ago when I was going through my own contentious custody battle."
Dean Tong, MSc., Forensic Trial Consultant
Abuse-Excuse.com
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"When traveling the rapids of family law court, educating yourself is the best strategy available. How to Win Custody will enhance a positive outcome in a family law child custody case. This practical guide is loaded with valuable information that anyone involved in family law court needs. How to Win Custody will save money and more importantly help parents achieve their goal of how to successfully share their children."
Jayne A. Major, Ph.D., Parenting Education Expert, Published Author
Breakthrough Parenting Services, Inc.
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"A practical, up-to-date resource for divorced parents who want to remain actively involved in their children's lives. Fathers and
daughters will inevitably benefit from Mr. Carlson's clear headed,
insightful guidebook."
Dr. Linda Nielsen, Professor of Women's Studies and Adolescent Psychology at Wake Forest University
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"The 'How to Win Child Custody' book by Steven Carlson is an excellent, practical guide to divorce and custody issues that would serve any parent well. Affordable and well-written, it would be a valuable tool at twice the price. 'Highly Recommended'"
SPARC - Separated Parenting Access & Resource Center
DeltaBravo.net
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"I've spent tens of thousands on attorneys but Steven Carlson 'The Custody Coach' is the best money I have spent since my divorce began. The knowledge and insight he has is priceless. The advice and direction he gave me was invaluable."
Dennis Hearne - Oak Hills, CA
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"I didn't know how valuable your services would prove to be for me not only emotionally but also in helping me turn my case around. I am now enjoying 50% custody of my daughter on an every other week basis."
Eric - Los Angeles, CA
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"Child Custody Coach's services far exceeded my expectations! With Steve's help, I managed to get 40% time share with my young 14-month old son despite a long distance between residences. I definitely could not have done it without Steve's help..."
Brad - Huntington Beach, CA
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"I found Steve on the internet, and luckily for me, he was local, as I live in Southern California. I hired Steve, and through his recommendations I immediately saw results...with his coaching he really helped to make a difference in my case. I highly recommend his services to any Dad who feels he is getting the short end of the stick when it comes to divorce and custody."
MB - Irvine, CA
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"Child Custody Coach is a must read for any parent involved in a divorce involving children...I found the information about attorneys to be very enlightening and have found thru very painful and expensive experience all this to be so true. If you ever felt your attorney was not telling you the "whole" story, Steven will enlighten you...I have found Steven's coaching and knowledge of the legal system to be invaluable..."
Kathie Lustig - OR
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"...I can't tell you enough how a phone call by a person that isn't a Lawyer can help so much by giving common sense advice as well as how to make a plan of action and follow through with it. If I ever have any friends in my position, and I hope I don't Steven is the one I will put them in touch with, even before an attorney."
Richard J. Smith - OH
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