How do you get full custody of your child in florida

How to Get Sole Custody of a Child in Florida Courts

Quick Info:

How can I get sole custody or full custody?

The Florida courts will not allow a complete “cut off” of the other parents right to see their child, have overnights with their child, or have a relationship with their child or to make decisions regarding the child. What the courts WILL DO is implement common sense provisions to protect a child.  The courts can give a parent shared responsibility with one person making the tie breaking decision if they cannot decide on an issue, supervised visits, daytime visits, or sometimes no visits until a condition is met such as mental health evaluations. The realistic outcome for people that want what they call full custody/sole custody is that the other parents responsibility and or time sharing is limited in certain ways.  

You can get sole parental responsibility and limited or supervised time sharing in Florida in rare situations in Florida but you cannot get sole custody in Florida. Sole custody is a term

no longer used in Florida since 2011.  Attorneys who have been practicing for a very long time still call it custody and essentially it is the same thing. You will need a good custody attorney , one that believes in you and a compelling story.  It will be an uphill battle and many people will fail. But if the other parent is unstable, unreliable, on drugs, or simply dangerous and you have recent documentation of this – sole custody (or parental responsibility/ majority time sharing) may be an option.

Based on hundreds of cases and contact with many parents, we observe that clients want the following when they speak of getting sole parental responsibility or time sharing. In fact most people who come to our office still call the concept custody and visitation:

• The ability to make one-sided decisions on most major issues

• The decision-making authority to determine when or where the other parent will see their child and how often they see their child and who will be around the other parent when they see their child.

First, an explanation of exactly what is sole parental responsibility and time sharing is. There is a lot of confusion among parents in Florida as to exactly what they should call their desired vision of parenting.

The Florida family law courts and custody statutes define two separate but linked issues: parenting time (time sharing), and parental responsibility.   Time sharing is the time that you are with the child. This used to be considered visitation. However, in 2011, to eliminate the battle parents had to be considered a “primary” or a “secondary” parent, the Florida Governor signed a bill establishing, Parental Time Sharing and Responsibility instead of the use of custody and visitation. It was changed to make the concept sound more pleasant. Similar to the recent posts you see on social media where someone is wearing a shirt that says “I don’t baby sit my kids”. Parental time sharing is essentially the time that you have with your child; the time that you are parenting your child and influencing the person they are becoming. You are not “visiting” your

child, you are parenting your child. Parental responsibility defines who makes the decisions about the child such as where they go to school, what medical procedures they are going to have or doctor/dentist they will see, or medication they will take. The parent who is going to make the “big picture” decisions regarding the child. The courts generally give both parents shared parenting decisions and generally this isn’t a problem. In real world application, the parents make decisions regarding their child during the time that they have the child. This concept requires the parties to notify the other parent of doctor’s appointments, dentist appointments and educational issues. It basically requires you to make each parent informed of the “big picture” issues in your child life.

We had a case where one parent was not encouraging the children’s participation in extra curricular activities. She had documented proof that the other parent was not taking the

children and did not attend any of the activities. The Judge determined that these activities were good for the children and ordered that the Mother have sole parental responsibility over the children’s extra curricular activities. This eliminated the Mother’s issue regarding her need for Sole parental responsibility (sole custody). Another instance where the Courts have awarded a parent sole parental responsibility is when the parents have been arguing over a situation such as a medical procedure. For example, One parent has specific religious beliefs regarding modern medicine and the child has some diagnosed medical conditions that one parent does not believe they should be taking medications. The Judge may award one parent to make all the medical decision making in a case such as this. In general, it is best to be a parent, notify the other parent of medical and school issues that happen during your time. The fights over parental responsibility are few and far between when the parents actually start the time sharing schedules.

Some parents believe sole custody is akin to the concept of completely terminating the other parent’s rights.   That belief is not realistic or achievable in family law court – except under extraordinary circumstances and even then, the parents will be allowed supervised visitation or visitation upon meeting a certain condition. Only an attorney can gauge if that outcome is a possibility. Normally it is not. The Ayo and Iken legal team will give you a realistic opinion whether that particular goal is possible.

Managing Partner Howard Iken

The Florida courts will not allow a complete “cut off” of the other parents right to see their child, have overnights with their child, or have a relationship with their child or to make decisions regarding the child. What the courts WILL DO is implement common sense provisions to protect a child.  The courts can give a parent shared responsibility with one person making the tie breaking decision if they cannot decide on an issue, supervised visits, daytime visits, or sometimes no visits until a condition is met such as mental health evaluations. The realistic outcome for people that want what they call full custody/sole custody is that the other parents responsibility and or time sharing is limited in certain ways.

In 2014 and 2016, the Florida House and Senate attempted to pass a bill that would reform alimony. However, slipped into this bill, and a subject that does not get talked about when the subject of Alimony Reform Bill is talked about is the Fact that the new bill, if it became law, would require the Courts to start at a point of 50% parenting time for each parent. Since 2014, the trend in most Courts is towards more of a50/50 parenting time split. The language in the new bill stated “in establishing a parenting plan and time sharing schedule, the Court shall begin with the premise that a minor child should spend approximately equal amounts of time with each parent.” Depending on your client this can be a good or bad thing. However, this bill once again did not get signed by the Governor so the Courts still must look at the best interest of the child. Right now each judge has specific tendencies towards time sharing, therefore, once again, it is important to know that your attorney is familiar with the judge you are in front of.

• A restriction on overnight visits if there are extreme circumstances such as drug abuse, dangerous criminal activity, or questionable living quarters.

• Supervised visitation – only if there is absolute documented proof showing the other parent is a danger. Supervised visitation is very hard to get. Sometimes it is perfectly justified and the job of the Ayo and Iken legal team will be to convince the judge why the child would be in danger otherwise. But many times a request for supervised visitation may “boomerang” on you and hurt your changes in the overall case.

• One-sided decision-making authority – if you can prove the other parent does not have the capability to make rational, child oriented decisions. This is very hard to prove and document. Furthermore, it has to be a consistent behavior and not a one-time example. This is disfavored by courts but does happen day-in and day-out.

The courts are complete against the concept of sole custody.  In order to achieve any of the listed outcomes you must have a clear, urgent, documented by a respectable source, reason why the court should do exactly what you want. This is not an easy task for anyone to do. Self-represented parents are unlikely to get anything resembling sole custody. The evidence must be clear, must be compelling, and must be absolutely convincing.

Negotiated Parenting Plan

Within reason, parents can agree on a parenting plan that approximates the concept of sole custody and does not stray too far from court requirements. In general, a family law court will accept an agreed-upon parenting plan even if it is a bit unusual.  The key of a good negotiated parenting plan is to put the equivalent of a “poison pill” that would activate if the other parent later reopened the case to modify their limited parenting rights. In other words, you need to have the documented proof to bring to the Courts if they parents were to modify the parenting plan at a later date. There are many practical, legal ways to do this.  A creative custody attorney can work with you to find good combinations of terms for your agreement.

Dependency Court

Get to know us: Sheila Lilov, Front Desk Team

Dependency Court is a parallel legal process that has its own unique court. Dependency Court exists in every Florida County.  This is the court where custody issues are decided when children are removed from parents who have been deemed to have abused abandoned or neglected their child or children. More often than not Child Protective Services is involved.  Dependency Courts move quickly and decisively in child safety matters to remove the child and slowly and methodically to place the child back with the parent. Generally parents have to comply with completing a case plan which includes many classes and criteria before even lengthy visits with your child resumes. Even though the Florida statutes governing dependency court do not reference “sole custody,” the concept is well-used and alive. Dependency courts award sole custody on a frequent basis and is generally the most common place where the concept of sole custody in which the other parent is completely cut off is seen.

Parents should think carefully before they get involved in the dependency court system.  The courts provide free attorneys to parents involved in dependency court. But those attorneys are underpaid and overworked. Furthermore, the Courts can make drastic decisions regarding your children with very little information. If the safety of a child is at stake, a private attorney is always the best thing. Ayo and Iken has several attorneys experienced in the complexities of the Florida dependency court system.

If there is a final judgment in place that provides a situation akin to sole custody, it is always in danger of a parent reopening the case for modification.   No matter what the circumstance the courts always go back to the guiding principle: that both parents should be involved in the life of a child.  If one parent has minimal rights under a custody order or parenting plan and reopens the case for modification – it is difficult and complex to completely stop their efforts. But the ultimate deciding factor will be the evidence presented in court.

• If you originally hired a creative attorney, use a “poison pill” provision to discourage the other parent from reopening the case. This can include clauses that trigger certain financial conditions once a case is reopened.

• Gather proof and information that shows the other parent is still a danger. This cannot consist of he-said, she-said evidence. The proof must be substantial and documented.

• Ask the judge to require drug screens, hair follicle tests, substance abuse evaluations or psych evaluations. Judges are reluctant to order these conditions – so your proof must be extremely convincing and DOCUMENT, DOCUMENT, DOCUMENT.  It must show there are drug or psych issues before the judge will order actual tests.

Our law firm gets occasional requests to terminate the other parent’s parental rights. This can only be done in dependency court, is extremely tricky, and takes a year or more.  A family law court will not normally terminate the parental rights of a parent.  Under normal circumstances, a parent cannot consent to termination of their rights unless in the case of a step parent adoption and even then it is very difficult and you have to prove abandonment or possible harm to the child. Without the other parent consenting or agreeing, it is very difficult.   Furthermore, we often get calls from Father’s wanting to terminate their rights because the Mother won’t let them see the child and/or they don’t want to pay child support. A court will NOT terminate the rights of a parent just because they want to, unless there is a person willing to simultaneously adopt the child. In cases of step parent adoptions and termination of parental rights. The Florida Courts have combined the two procedures. However, these cases are very tedious a to the correct paperwork and is best to have a qualified Attorney prepare the documents and lead you through the courts.

For parents that want to get sole or full custody, the following is an important list of steps to take:

• Meet with a custody attorney to clarify what you really want

• Prioritize your desires – realizing that you may not eliminate the other parent out of the child’s life. Decide what is the action you are trying to prevent so the settlement agreement can provide safety precautions.

• Determine how important sole custody is – and how hard you want to fight. It will generally require experts such as paid guardian ad litems, and/or custody evaluators, to make recommendations to the Court.

• Figure out a budget.  This type of goal does not come on a budget. It must be important, you must hire an aggressive custody attorney, and you must devote sufficient funds to your fight

• See if there are alternatives. There are always alternatives to any worthy goal.

• Take a realistic look at your proof to see if it is tangible and convincing. You will need current, documented and relevant information.

In a practical sense the key is to strike while the iron is hot. Don’t wait until the parent has corrected the situation, however, also realize, that once you bring the action that is concerning you to their attention in a petition, the other party generally fixes the situation.   Determine a budget and discuss this with your attorney. If sole parental responsibility and time sharing is what you are truly seeking, you will need experts and documented history of issues. You will not get sole parental responsibility and time sharing just because you morally feel the other parent’s behavior is wrong and damaging, we need documentation as to the effect the behavior is having on the children. This will come in the form of expert witnesses and documented behavior of the other parent. Also, it is important to get an Attorney who knows and works in front of the judge you will be in front of often. For example, a judge in one county may take any form of substance abuse very seriously and order hair follicle tests and substance abuse evaluation based on your testimony, but a Judge in another county may not take substance abuses, such as marijuana use as serious. So knowing your Judge and their hot points is important. For example, a client was concerned about the fact that the Father had firearms in the home.   She was insistent that the Father should not have the child at his home due to this fact. However, I have been in front of this Judge prior and knew that he was a card carrying member of the NRA. I advised my client that this issue would backfire on them if brought in front of this judge.

The Florida courts may not actively encourage your goal to have sole custody. And the statutes have eliminated or obscured the concept. But a lot of what you want is achievable if you go about it the right way. You need to think carefully, make the important decisions, and retain an Ayo and Iken attorney that will fight for your cause.

You can get sole custody in rare situations.  It is difficult but not unheard of.   You will need a good custody attorney that believes in you and a compelling story.  It will be an uphill battle and many people will fail. But if the other parent is unstable, unreliable, on drugs, or simply dangerous – sole custody (or full custody) may be an option.

First, an explanation of exactly what is sole custody is. There is a lot of confusion among parents in Florida as to exactly what they should call their desired vision of parenting. 

The Florida family law courts and custody statutes define two separate but linked issues: parenting time, and parental responsibility.  Parenting time defines with parent receives time with their child and what the contact schedule will be. Parental responsibility defines who makes the “big picture” decisions about their child.

Based on hundreds of cases and contact with many parents, we observe that clients want the following when they speak of getting sole custody, or full custody:

• The ability to make one-side decisions on most major issues

• The decision-making authority to determine when or where the other parent will see their child.

Some parents believe sole custody is akin to the concept of completely terminating the other parent’s rights.   That belief is not realistic or achievable in family law court – except under extraordinary circumstances. Only an attorney can gauge if that outcome is a possibility. Normally it is not. The Ayo and Iken legal team will give you a realistic opinion whether that particular goal is possible.

Filing for Full Custody of Your Child in Florida

If you are going through the divorce process, you might be interested in filing for sole custody of your child. There are several steps you need to follow, and the most important thing you need to remember is that the court will act in the best interests of the child. If you feel like it is in your child's best interest for you to have sole custody, your case might succeed.

At the same time, if you do not follow the right steps, your petition may be dismissed before it is even read. Therefore, take a look at the steps you need to follow if you want to receive full custody of your child in Florida. 

1. Pick the Right County

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If you want to receive full custody of your child in Florida, you need to pick the right county. If you are currently married, you may be interested in receiving full custody as a component of the divorce agreement. In this case, you need to file your paperwork in the county in which you and your spouse live.

If you and the other parent are living in different locations, you need to file the paperwork in one of the two counties in which you live. The name of the document may vary depending on the county in which you live, so you may want to reach out to the clerk of court for more information. 

2. Fill Out the Paperwork

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Next, you will need to fill out the right paperwork. If you are still married, you will fill out a Petition for the Dissolution of Marriage with Dependent or Minor Children. While the name is long, it essentially means that you are filing for divorce and there are minor children involved. Therefore, determining custody will be a component of the divorce agreement.

If you and the child’s other parent are already divorced, there may be different paperwork you need to fill out. Again, the name of this paperwork can vary from county to county, so you may want to check with a local clerk of court to make sure you fill out the right documents. If you don't fill out the right documents, the petition might not be heard.

3.

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After you have filled out the paperwork, you need to file the petition. Even though you may be able to file the petition electronically, it is usually better to work with a divorce law attorney who can help you. You need to make sure you have filled out the document appropriately, and you need to put your case in the best position possible to succeed. Furthermore, an attorney likely has connections with the local courthouse and might be able to get your documents processed more quickly. 

4. Serve The Petition

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After the petition has been filed, it needs to be served to the other party. The other party deserves a chance to respond to the document. You will need to pay court costs for your case to be heard, and these costs should cover the cost of using a process server. What this means is that there is a designated individual whose job it is to deliver the petition to the other party. In some cases, it might be the responsibility of the Sheriff's Office to serve the documents to the other parent.

Most importantly, you should never serve the papers on your own. You do not know how the person is going to react, and you do not want to put yourself at risk. If you do not know where the other parent is located, you should talk to your attorney about how to handle this situation. 

5. Wait For a Response

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After the petition has been served, you need to wait. The other parent needs to respond within a set amount of time. In general, this is 20 days, but it may vary from place to place. Then, take a look at the response. There are some situations where the other parent may not want to have custody of their children. Then, there are other situations where the parent will contest the motion. The response of the party will dictate what happens next. 

6. Respond Appropriately

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Again, the response of the other party will dictate what happens next. If the other party is not contesting the motion, or if the other party agrees that you deserve full custody, then the process should proceed relatively quickly. If the other party is contesting the motion, then the case might go to trial.

You need to work with an attorney who understands how to respond to the other parent. Even if you think the facts of the case are on your side, you never know what will happen in a courtroom. That is why you should work with an attorney who can help you. 

How To Get Sole Custody or Full Custody in Florida

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There are several reasons why a parent may be awarded sole custody of their children in Florida. These include:

• If the other parent has a history of physically, mentally, emotionally, or sexually abusing their children, then he or she may not be given any custody at all.
• If one parent can prove that the other parent has a history of child abandonment, then full custody may be awarded to the parent who does not have a history of child abandonment.  
• If one parent is incarcerated, then the other parent will be given full custody.
• If one parent has a history of severe and ongoing mental or emotional illness, then the other parent will be given full custody.
• If one parent has a history of substance abuse, then the other parent will likely be given full custody.

Clearly, there are a lot of moving parts if you would like to receive full custody in Florida. Even though it sounds like there are a lot of steps, an experienced lawyer who specializes in child custody can streamline the process for you.

Trust Aaron Delgado and Associates For Help With Child Custody Issues in Florida

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If you have child custody issues in Florida, it is important for you to work with an attorney who can represent your rights and protect your interests. At Aaron Delgado and Associates, it would be our pleasure to help you pursue full custody of your children in Florida.

We will review your case without judgment or reservation, and we will always put your interests first. If you would like to learn more about how we can help you, please contact us today for a case consultation. 

Family Law - Sharifov & Associates - Attorneys at Law

division of joint property in New York

Family law is the branch of law that deals with matters relating to the family and family relations. Our family law practice includes representing clients both at the negotiation stage and in court in cases involving domestic violence (usually followed by an order of protection), divorces, separation, residence of children after divorce, and visitation of children. , child and spousal support, property division, domestic violence, prenuptial agreements, and juvenile delinquency lawsuits. We take part in out-of-court negotiations and also conduct court hearings when necessary. nine0003

divorce by consent in New York

Frequently Asked Questions:

1.

When both husband and wife voluntarily agree on all aspects of divorce, including division of joint property, residence and visitation of children, child support and for former spouses, or are able to sign a separation agreement, their divorce is considered a divorce by consent. Arrest for Domestic Violence in New York On the other hand, when spouses cannot agree among themselves on all aspects of divorce and separation, and require the court to make appropriate decisions on the above aspects of divorce, they are forced to deal with a judicial divorce. On the practical side, a legal divorce requires a lot more work, usually takes longer, and tends to cost more. nine0003

order of protection in new york

2. How can I get an order of protection in case family violence?

If something threatens your physical or emotional safety or the safety of your children, you should immediately seek the advice of a lawyer or seek the assistance of the Court. You need to take immediate steps to keep you and your children safe. Family courts in all counties in the State of New York are able to make a quick decision on an application for an order of protection; usually, if needed, it can be done within one day. The Summons, Petition and Order of Protection must be delivered to the defendant. This can be arranged through the local police station, privately, or through a professional document delivery agent. The Family Court may order the Sheriff's Department to serve the documents. The case will be rescheduled and the defendant will be subpoenaed to respond to the domestic violence petition. Either by agreement of the parties or after a hearing, the judge may issue a permanent order of protection, limited or complete, for up to 2 years. nine0003

Sometimes the police refuse to make an arrest during an investigation into domestic violence; however, the police may advise the victim to go to Family Court and ask the Judge to issue an Order of Protection. Both the New York State Criminal and Family Courts have concurrent jurisdiction over certain domestic violence offenses. The difference between the procedure in these two courts is that in Family Court, you, as the plaintiff, are a party to the process, and you have control of the lawsuit against the defendant (the person you accuse committed acts of domestic violence against you). violence). at any time you can reach an agreement with the defendant as closed; case, or you can just pick up your petition. If the police refuse to arrest the person you complained about, you can file a petition with Family Court. The Family Court Judge has jurisdiction to issue an Order of Protection (full or limited), which will have the same effect as an Order issued by a Criminal Court Judge. For the past few months, due to the Coronavirus pandemic, Family Court has operated largely virtual, with court hearings via Skype or Microsoft Teams Meetings, and filing petitions via email or Electronic Document Delivery (" EDDS"). nine0003

The Domestic Violence Petition, in the absence of agreement by both parties, will be decided by the Family Court Judge at the conclusion of the hearing on the merits. The New York State Family Court has jurisdiction over other types of petitions, such as Child Visit and Residence, Child Support, Neglect of a Child, Establishment of Paternity, etc.

Sometimes, after an arrest and first appearance in criminal court, a Domestic Violence Petition is also filed in Family Court, requiring the client to attend both courts for both of the relevant cases. If there are minor children in the family, the Criminal Court will often include such children in the Protective Order, however, making an exception for Family Court modifications of the order. In such a case, the defendant who wishes to maintain a relationship with his children must go to Family Court and register a child visitation petition, asking the Judge to schedule visits to the children. Depending on the circumstances of the original case that led to the Order of Protection, the judge may allow limited visits, supervised visits, or even supervised visits by a welfare agency. nine0003

legal guardianship

3. I can't find my spouse, can I file for divorce?

Personal delivery of original divorce papers (Summon Notice or Summons of Complaint) is required by law. However, in the event that the plaintiff (the person initiating the divorce case) cannot find his/her spouse, the plaintiff must obtain court permission for alternative delivery of documents by filing a written petition with the court.

4. When am I officially divorced?

The parties to a divorce proceeding are considered divorced from the moment the judge signs the divorce decree. In the case of a divorce by consent, if a postcard has been filed in advance, the court will notify the final divorce by mail. In the event of a judicial divorce, although the judge may verbally announce during the trial that the parties are divorced, the divorce is officially finalized after the parties' lawyers have submitted the documents to the court and the judge has signed the divorce decree. nine0003

5. What is custody and how is the issue of child custody after divorce resolved?

There are two types of custody – legal custody and physical custody. Legal custody essentially means the right to make decisions. During marriage, both parents have rights to raise the child. This includes the right to make decisions about all aspects of a child's upbringing, including religion and education, as long as the parent's decisions do not pose a threat to the child. After a divorce, one of the spouses who has received legal custody of the child makes all decisions independently. You can consult with the other parent, and this is even recommended, however, if you are unable to agree with the other parent or do not wish to consult, you can make your own parenting decisions. Note that the court can always review a parent's decision to raise a child to ensure that the decision is in the best interests of the child. Joint legal custody essentially means that both parents have equal rights to make significant decisions that affect their children's lives. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. If the parents are unable to agree on legal custody, then such a decision will be made by the court. nine0003

Post-divorce custody means the right of a parent to have a child permanently reside with that parent in the same family and be responsible for their child as long as they live with that parent. If one of the parents received the right to live with the child after the divorce, then the other parent is likely to receive the right to visit the child (visitation). If the parents cannot agree on a visitation schedule for the child, the court will provide such a schedule. Sometimes it is possible to have a joint right of residence of a child with parents in turn in equal shares (joint physical custody). In this case, the child will live half the time in the family of one parent, and half the time in the family of the other. nine0003

6. Will I have less time to visit my child if the other parent has exclusive legal custody?

Optional. Legal custody means the right to make decisions, not the right to spend time with the child. The parent with exclusive legal custody has the right to make most parenting decisions if both parents cannot agree on that decision. If the parents agreed to joint legal custody, then they essentially agreed to set aside their personal differences in order to effectively raise their children. Each parent in this case has equal rights to make decisions regarding the child. Regardless of whether your spouse has exclusive legal custody or both of you, you still have the opportunity to see your child as much as his schedule allows. Visitation of a child is usually independent of legal custody. nine0003

7. How is child support calculated?

New York State offers a formula for calculating the amount of child support payable by a parent as specified in Family Code section 240(1-b). This is a rather complicated article of law that must be read and interpreted carefully in order to accurately calculate the amount of child support. Usually, after the allowed deductions from the parent's total earnings, a certain percentage is applied to the balance of earnings to calculate basic child support. The percentage depends on the number of dependent children under 21:

17% per child, 25% for two children, 29% for three children, 31% for four children, and 35% for five or more children;

It is necessary to carefully and carefully interpret the article of the law in order to accurately calculate child support, as there are many factors and conditions prescribed in the law that affect these calculations.

8. Who pays child support?

Generally, the parent with whom the child does not live most of the time will pay child support to the other parent. nine0003

child support in New York

9. Will I be able to pay less child support than is legally allowed?

The best chance to achieve this is to negotiate a reduction in child support as part of a common agreement between the parties. Do not forget, however, that the other party is not obliged to agree to this. Only in rare cases does the court find reasons not to apply the formula provided by law.

10. What if the children spend a significant part of their time with me, or even 50% of the time? nine0009

Once again, if you are unable to negotiate a reduction in child support with the other party, it will be extremely difficult for you to persuade the court not to apply the statutory formula. To illustrate this, note that even if the parents spend the same amount of time with the children, there is case law stating that the parent with the higher income counts as the parent not living with the child for purposes of calculating child support, and such parent would have to pay formula support! ! This shows how much more beneficial it is for clients to take good faith negotiations seriously as the best way to resolve a dispute. nine0003

11. Until what age should a parent support a child?

In New York State, a child is entitled to parental support until the age of 21, unless he/she begins independent living earlier. If a child chooses not to attend college and instead joins the military or starts working full-time, then parental support ends when the child reaches 18 years of age.

12. Will a child be eligible for support if she stays in college after her 21st birthday to complete her studies and earn a bachelor's or graduate degree? nine0009

No. If child support continues beyond the child's 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting their children after they turn 21, regardless of whether higher education is completed.

OK with this parent? nine0009

The Court takes the issue of changing the residence of children very seriously. The main criterion for the court is the issue of the welfare of the children. In attempting to make such a decision, the court will ask the question: "If such a change in the place of residence of the child is allowed, will it significantly change the nature of the relationship between the child and the parent who does not move to a new place with him?" The court will try to find out as much as possible about the nature of the relationship with the parent. (For example, how often do you see your children? Do you go to their school events? Do you meet with your children during the school week? Do you make use of all the visits that you have assigned to your children? How good are your visits to children?) will evaluate all reasons for the expected relocation of children to determine whether the parent with whom the child lives has explored all possibilities to avoid such a relocation. The distance over which the proposed move is made is also an important factor. Is this the distance that will prevent you from regularly visiting your children? The latest trend in jurisprudence is to generally allow moves up to 2 hours by car from the children's previous residence (assuming the parent with whom the children live generally has a good reason for the move). These decisions were determined by the circumstances, so don't try to reassure yourself ahead of time based on what the court has decided in other cases. nine0003

14. Will my spouse be required to pay me alimony or maintenance after the divorce, and if so, for how long?

A recent change to the law that went into effect in 2016 provides for a formula on how to calculate temporary alimony, as well as a recommended formula for calculating permanent alimony after divorce and how long it lasts. There are also additional factors that the court must consider when determining the amount and duration of child support. nine0003

Here are a few factors that are considered the most significant:

• length of marriage; the age and state of health of each spouse;
• present and future earning potential for each spouse;
• your opportunity to become financially independent;
• reduced or lost earning opportunity due to denial or delay in education, training, employment, or career development during marriage; nine0088
• having children in your home;

This is a complex decision and will be influenced by many factors.

15. Can my spouse evict me from our home?

Unless you have physically, verbally, or mentally abused your spouse, or have already found another place to live, it will be extremely difficult for your spouse to evict you from their home. Unless you agree to move out voluntarily, your spouse will have to file a petition with the court for you to be evicted, and the court will give you an opportunity to respond to it. nine0003

16. Can I and my children continue to live in our house after the divorce?

Assuming that the children will be living with you, and if you have a child under 18, the court will generally try to keep the child in the home, neighborhood, and school to which the child is already accustomed, assuming that the child is fine in that environment, and also implying that financial circumstances allow it.

17. Am I entitled to a share in the value of the house, even if the title is not in my name?

If the house was purchased during the marriage with funds earned during the marriage (regardless of which spouse earned the money), then it is likely that you will be entitled to a share in the price of the house, even if the house is not registered on you. There are many factors to calculate the size, value and percentage of this share. nine0003

18. I bought our house before our marriage with funds I bought before our marriage. Will I have to share with my ex/ex-spouse the cost of my house?

Usually not. However, if the house increased in value during the marriage as a result of your spouse's efforts, or as a result of a joint investment in the house, then your spouse may claim a share of the excess price during the marriage. Please note that if you put your spouse's name on the home title deeds, this may cause your spouse to be able to claim a share of the total value of the home. nine0003

19. Will the court force me to sell my house?

If there are no children, and assuming the house is jointly owned, the court will allow each spouse to buy out the other spouse's share. If neither spouse has the ability to buy out the other's share, or is not interested in doing so, the court may order the sale of the house and divide the proceeds from the sale at the discretion of the court.

20. Credit cards: Should they be cancelled?

If you think your spouse will use credit cards beyond justified living expenses, consider closing the account. Most accounts can be closed by either paying off the debt or transferring to another credit card. If your name is first on the account, you can achieve the same goal simply by removing your spouse's name from the account. The final liability for debts will be determined by the court or by agreement. In most cases, it is recommended that you inform your spouse of your actions (after the accounts have already been changed) so that he/she is not unpleasantly surprised or embarrassed when the payment is unexpectedly declined. nine0003

21. Do I have to withdraw money from all joint accounts to protect myself from my spouse taking or hiding the money?

The courts do not approve of either spouse withdrawing all the money from a joint account or withdrawing money without good reason. The spouse should think seriously before withdrawing money. Do not forget that the court has the right to demand liability from the spouse if it is proved that he squandered or hid the joint funds.

22. If I own a business or share in a business, will my spouse get a share of the business? nine0009

If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will likely be able to claim a portion of that business or a portion of your interest in the business. If you acquired the business before marriage, or you acquired an interest in the business using funds from an inheritance or a gift, then your spouse may claim an excess (if any) of the value of the business that occurred during the marriage if you or your spouse is actively contributed to the value of the business. Usually an accountant is hired to do this calculation and there are many factors that go into this calculation. Once the overall valuation of the business has been made, it is calculated what percentage of that value should be used to calculate the spouse's share. There are many factors the court will take into account to determine this percentage, including but not limited to the length of the marriage, your spouse's contribution to the business, family earnings or assets invested in the business, etc. nine0003

23. Can my spouse claim the estimated value of my professional license or higher education diploma?

For divorces initiated before 2016, by law, if all or part of a professional license or higher education occurred during marriage and was paid for by joint family funds, then it is likely that the spouse will be able to claim a portion of the assessed value of such a license or diploma. Following recent changes to the New York State Family Code that went into effect in 2016, the court must no longer consider increased earning potential due to a professional license, college degree, celebrity status, or career advancement as part of a family partnership. assets. However, when deciding on an equitable division of joint marital property, the court must take into account each spouse's direct and indirect contribution to enhancing the earning potential of the other spouse. NY Dom. Rel. L. § 236B(5)(d)(7). nine0003

24. Which courts can hear divorce, custody and alimony cases?

The Supreme Court has exclusive jurisdiction over divorce cases; however, Family Court has concurrent jurisdiction over custody, visitation, and child support matters. If a person wants to get a divorce, he needs to fill out the original documents in the Supreme Court. If the child's parents are not seeking a divorce, or are not married at all, and want to sue for domestic violence, custody, visitation, or child support, they should file an application in Family Court. nine0003

25. What is a juvenile delinquency trial?

This is a New York State Family Court lawsuit involving a juvenile delinquency case between the ages of 7 and 16. When such a minor is arrested in New York State, he/she may obtain a subpoena from the police in Family Court in the county where the alleged offense was committed. On the other hand, when the allegations are serious enough and/or the minor child has had previous police referrals, the child may be detained overnight in a special detention center for children and brought to Family Court the next day when the court is open. nine0003

When a child comes to court with a parent or guardian, he/she and the parent will be interviewed by a probation officer and, depending on the charges, previous criminal convictions, the wishes of the victim and their parents, if the victim is a minor, the case may be referred to probation department. In this case, the petition against the juvenile delinquent is not filed and the child agrees to follow the rules of the probation department for an initial period of up to 60 days. The child must attend school, report to the probation department when required, write an essay and/or do community service under the direction of a probation officer, and also have no new drives. If the child complies with all this, the case will be dismissed. nine0003

If a juvenile is charged with a felony, or if the victim wants the case to continue, the New York City Law Department, which in such cases acts as a prosecutor, will file a petition against the juvenile delinquent, and the child will be required to appear before judge. A case on juvenile delinquency is similar to a criminal case of an adult in a criminal court, however, there are significant differences: there is no bail for the release of the defendant to freedom for a minor - either he is left in custody or released without bail on bail to the parent / guardian; no right to a jury trial, instead a court hearing before a judge; no criminal conviction - instead, recognition as a juvenile delinquent; punishment options also vary, including case closure, conditional closure, suspended sentences of up to 2 years, or detention with varying degrees of security for an initial period of up to 18 months. For the most serious crimes allegedly committed by minors 13 years of age or older, the prosecutor has the option to refer the case to an adult criminal court. nine0003

26. What is marriage annulment and how is it different from divorce?

A man and a woman must be legally capable of entering into a legal marriage. If the parties are not authorized to marry, such a marriage may be annulled, that is, declared invalid. Grounds for marriage annulment are untraceable disability, minority, lack of consent, or consent obtained through fraud or intimidation, and incurable mental illness for five years. nine0003

• If one of the spouses is terminally incapable of sexual activity, the marriage can be annulled.
• Both parties must be over 18 years of age to marry without parental consent. A marriage between persons under the age of 18 may be annulled, at the discretion of the court, if the spouse under 18 wishes to annul the marriage.
• If, after marriage, either partner becomes terminally ill for 5 years or more, the marriage may be annulled. However, a healthy spouse may be required to maintain a mentally ill spouse for life. nine0088
• The parties must knowingly consent to the marriage. A marriage may be declared invalid if either party consented to the marriage as a result of violence or threats from the other party, or if either party did not understand the meaning and consequences of marriage.
• A marriage may be annulled if the consent was obtained by fraud, provided that the fraud was such as to deceive an ordinary reasonable person and was essential to obtain the consent of the other party. Fraud must be at the heart of the marriage contract. Only the injured party can annul the marriage on the grounds of lack of consent. nine0088

27. What is a declaration of invalidity of a marriage and how does it differ from annulment?

Unlike an annulment, where a marriage can be declared invalid, some marriages are invalid from the moment they are contracted. Such marriages include incest and bigamy. In the case of incest, this is a marriage between ancestors and descendants, brothers and sisters (including half blood). In the case of bigamy, one of the parties is already married to another person.

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Family Law Court0

Definitions of key terms used in this manual:

• “ Custody ” (or in English “Custody” - CAS-to-di): To have a guardian means to be responsible for someone. There are two types of guardianship: physical and legal. Often the same person has both physical and legal guardianship, but not always. nine0088
• “ Physical Custody” (or in English “Physical Custody” - PHYS-i-cal CAS-to-dee) is when an adult is responsible for a child and takes care of the daily needs of the child. Usually the child lives with this adult.
• “ Legal Custody” (or in English “Legal Custody” - LI-gal CAS-to-dee) - this is when an adult is responsible for important decisions in the life of a child; for example, medical decisions or decisions about education and religion. Only an adult with legal guardianship can make these decisions. An adult with legal guardianship is called guardian (or in English “Custodian” - KAS-to-di-an).
• “ Guardianship (or in English “Guardianship” - GAR-di-an-ship): there are two types of guardianship: guardianship of a person and guardianship of property. This guidance is only concerned with the guardianship of a person. Guardianship of a person is when an adult person takes care of someone who is not able to take care of himself. Usually such a person is a child. The caregiver is responsible for the child, takes care of the child, and makes decisions in the daily life of the child. Trustees have physical and legal guardianship child custody
• “ Kinship Foster Care” is when a relative becomes the foster caregiver of a child who is placed in Foster Care. Such a relative is called “ Adoptive Relative Caregiver .” The adoptive caregiver has physical custody of the child . nine0188 The New York City Children's Services Agency (or "New York City Children's Services" in English), formerly the "Child Protection Administration" or Administration for Children's Services - ACS, has legal guardian in. ACS/ACS used to be called BCW/BCDouble or CWA/CSDoubleAy). ACS/ACS pays monthly money to the foster relative who cares for the child.

What is the difference between guardianship and guardianship? nine0185

In New York State, there is little difference between the two terms. However, in other states, the difference between these concepts is large. If you are planning to move, you should find out about the laws in the state where you are moving. This will help you decide if you want to apply for (request) custody or guardianship of a child.

Some health insurance plans require an adult to have custody of a child in order for the child to be covered. Other plans require legal guardianship. If you want your health insurance to cover a child, you must check what adult status is required by the insurance company. nine0003

Sometimes courts prefer to give guardianship of a child rather than guardianship to people who are not parents, such as grandparents.

All guardianship answers in this guide also apply to guardianship unless otherwise noted.

How can I get guardianship?

You must file a “ Petition for Custody” in the area where the child has lived for the past six months. A Guardianship Application is a written request to become the guardian of a child. Custody decisions can be made in the Family Court or the New York State Supreme Court. In the New York State Supreme Court, you have to pay to start a case; Family Court can do this for free. nine0003

How can I become a trustee?