How to get custody of my child in texas
Full Custody in Texas: How to File and Win Custody of Your Children
We don’t have to tell you that raising children isn’t easy. Furthermore, figuring out how to raise a child after separating from the child’s other parent can overwhelm the best of us.
Sometimes, you may feel that getting full custody in Texas is your best option. If you’re asking how to win full custody as a father or how to win full custody as a mother, we want to help you understand the process.
As a preliminary matter, there is no actual term of “full custody” under the Texas Family Code, even though most people use that term. Most often, when people say “full custody” they mean who the children live with during the school week, which is referred to as “primary” in Texas.
Sometimes though people use “full custody” as meaning the other parent relinquishing or terminating their parental rights. Other times people use “full custody” as meaning sole managing conservatorship and supervised custody for the other parent. In this article, “full custody” will be treated as synonymous with “sole managing conservatorship”
Basic Parental Rights in Texas
The first thing to understand when determining how to get full custody of a child in Texas is the scope of the general rights that every Texas parent has. Under Texas law, every parent typically has the right to have “physical possession” of their child.
Additionally, every parent normally has the right to participate in making legal, health, educational, moral, religious, relationship, and residential decisions for their child. Each parent also has multiple duties to care for and support their child.
When parents separate, Texas law wants both parents to share their parental rights and responsibilities. If you don’t believe this sharing is possible in your situation, there are a handful of ways you can get sole custody in Texas.
How to Get Full Custody in Texas
You can fight for two kinds of custody in the Texas family law system: physical custody and legal custody. Texas law calls physical custody “possessory conservatorship,” and it labels legal custody as “managing conservatorship.” If you have sole physical custody, your child lives with you full time. If you have sole legal custody, you normally have exclusive rights to:
- Decide the location of your child’s residence,
- Consent to healthcare for your child,
- Hold or spend support payments for your child,
- Handle your child’s legal issues,
- Make decisions about your child’s education,
- Consent to your child’s marriage,
- Apply for and keep travel documents for your child,
- Consent to your child’s military service, and
- Utilize your child’s earnings and services.
You can fight for one or both of these kinds of custody. Once you determine what kind of child custody you’re seeking, you need to determine the best way to file for it.
How to File for Full Custody in Texas
There are two ways you can win full custody in a family court:
- You can file for sole custody or
- You can file to terminate the other parent’s rights.
You start your case by filing a custody or termination petition in the court where your child is a resident or in the court that presides over your divorce (if applicable). You then serve the other parent, or anyone else with custody rights, with the citation.
Now that you know how to get your case started, you need to know how to fight for your position.
How to Fight for Full Custody in Texas
Petitioning for termination of the other parent’s rights requires you to meet a different burden of proof than simply petitioning for sole custody.
Fighting for sole custody
To win sole custody, you generally have to prove that it’s in the best interest of your child. When deciding what’s in your child’s best interest, the court might look at many factors, including:
- Your child’s specific needs,
- Any relevant history of abusive behavior from you or the other parent,
- Any relevant history of neglect by you or the other parent, and
- Any relevant history of violence from you or the other parent.
It’s important to gather and organize as many records and statements as you can regarding your child’s needs and how they haven’t been met by the other parent.
Fighting to terminate the other parent’s rights
Filing to terminate someone else’s parental rights is a drastic measure, but it’s unfortunately necessary in some cases. If you believe it’s necessary to terminate the rights of your child’s other parent, we empathize with how difficult it must have been to come to that conclusion.
The State of Texas does not terminate parental rights easily. To terminate their rights you must prove that the other parent:
- Abandoned your child,
- Endangered your child,
- Neglected your child,
- Caused serious injury or death to a child,
- Committed certain criminal offenses,
- Engaged in certain forms of substance abuse, or
- Had their parental rights to another child terminated because of endangerment.
You might need to compile relevant police reports, court documents, medical reports, protection orders, and testimony to prove by clear and convincing evidence that the other parent committed one of the listed acts. Clear and convincing evidence is a high standard to fulfill. Your best option for success is to hire a skilled child custody attorney who can meet this standard for you.
How Can a Father Get Full Custody in Texas?
If you’re a father trying to figure out how to get full custody of your child in Texas, don’t assume that you don’t have equal custody rights in family court. Gone are the days when courts automatically determined that a mother should have sole custody regardless of the facts of the case. When deciding custody matters, Texas family law doesn’t consider your sex, the sex of your child, or your marital status.
In general, the court considers your characteristics as a parent, your child’s needs, and the characteristics of the other parent when making its decision. That being said, sometimes the best way for a father to get custody in Texas is by being proactive about his paternity and parental involvement from the beginning.
There are a few custody laws that specifically affect fathers
Fathers who voluntarily and knowingly abandon mothers who are pregnant with their children can be subject to termination of their parental rights. And fathers who weren’t married to the mother, weren’t living with the child for the first two years, or didn’t acknowledge their paternity might not be recognized as parents.
If you’re not married to the pregnant mother of your child, do what you can to support the mother and your child. You might need to prove you were around once you knew about the child to get any custody rights, let alone sole custody.
The Best Way for a Mother to Get Custody in Texas
Remember, the rules and standards for how to get sole custody in Texas are the same for mothers and fathers. But mothers’ parental rights can be terminated if they used alcohol or illegal, nonprescription drugs while pregnant.
If you have a notion that the other parent of your child might try to use this argument to terminate your rights, you should speak to an attorney immediately. And you should collect as many documents as possible to prove that you didn’t engage in that activity. Also, remember to keep any documents that prove that a father claiming custody doesn’t legally qualify as a parent.
Don’t Wait to Speak to an Attorney When Your Child’s Wellbeing Is at Stake
At The Larson Law Office, we know how to win child custody in Texas. The fight for sole custody isn’t always easy or realistic, and it’s often emotional. But if you’re in the greater Houston area, we’re here to help you make the best possible decisions in your custody battle and help you put yourself in a position to obtain the best possible results with the facts of your case.
Our lawyers focus on our clients’ unique needs for protecting their families. We are highly experienced and ready to fight for you. Contact us online or call us at 713-221-9088.
3 Steps: File for Child Custody in Texas
Trying to obtain custody of your children is one of the most serious, difficult times of a person’s life. Swiftly and effectively handling the legalities of custody is crucial to the successful resolution of your case. Make sure you know how to file for child custody in Texas and the best approach to take. To get started, there are three primary steps to follow.
While it’s possible to pursue custody without a lawyer, this is generally not recommended. Some custody cases turn into bitter battles. Even if you think your ex will be amicable or that your case is not complicated, don’t make the mistake of assuming it will be easy or that you won’t run into snags.
An attorney will help prepare your case, take the necessary legal steps and guide you through the process. Your children’s well-being is of primary importance. Hiring a lawyer is worth the security of knowing you are doing your best to reach a resolution that’s in their best interests.
Step Two: Fill out Forms & Prepare DocumentsTexas has a protocol for filing for child custody, which your lawyer can walk you through in detail. Unless you are going through a divorce, it will begin by filing a petition with the Dallas clerk of the court using a Suit Affecting the Parent-Child Relationship (SAPCR) form. When this has been filed and the associated fees have been paid, the other parent will have to be officially notified that the petition has been filed.
The other parent then will have the opportunity to file an answer, counterpetition or denial with the courts. Other documents may be required to be completed and filled out. Then the case will move to mediation and/or trial.
Step Three: Begin Collecting EvidenceAs soon as possible, you’ll want to start collecting any evidence that’s pertinent to your case. The judge will attempt to determine what is in the best interests of the children, so you’ll need to be able to prove your ability to care for them – emotionally, physically and financially.
When judges determine custody, they take a number of factors into consideration, such as the parent’s health and level of stability, each parent’s relationship with the children, income and ability to provide a good atmosphere for the children. Any evidence you can collect that will support the above factors in your favor will be relevant to your case.
Your lawyer can give you a list of evidence and documentation to collect, some of which might be:
- medical records;
- employment and financial records; and
- any applicable police reports.
You also might consider using an expert witness to support your case, such a social worker or child psychologist. The more evidence you collect, the more compelling your case will be.
Consult an Attorney at Warren & MigliaccioFor help filing for child custody, contact Warren & Migliaccio, a firm that regularly handles child custody cases in Dallas and surrounding areas. We can guide you through the process, act as your legal confidante and pursue child custody on your behalf.
Call our child custody team in Texas at (888) 584-9614 and schedule a free consultation.
How to obtain guardianship or guardianship of an adult
Guardianship is established to protect the rights and interests of citizens recognized by the court as incompetent. People who, due to a mental disorder, cannot understand the meaning of their actions or control them, are recognized as incompetent.
Guardianship is established over people who have been limited by the court in their legal capacity. Citizens who, due to a mental disorder, can understand the meaning of their actions, but in order to manage them, need help. Citizens who, due to addiction to alcohol, drugs or gambling, put their family in a difficult financial situation are also considered to have limited legal capacity.
Depending on the reason for the establishment of guardianship, guardians and trustees are different Rights and obligations of a guardian their actions or direct them. Also, the guardian must protect the rights and interests of the ward in relations with any persons, including in courts, without special authority. The guardian is the representative of his ward and makes all necessary transactions on his behalf and in his interests.
The guardian has the right, in the interests of the ward, to dispose of the funds paid for the maintenance of the incapacitated, that is, alimony, payments, pensions, and so on. The guardian has the right to dispose of income from the management of the property of the ward or his other means only with the consent of the guardianship authorities.
The guardian is not entitled to sell, exchange, lease or make any other transaction with the movable and immovable property of the ward, except in those cases when such transactions are agreed by the guardianship and guardianship authority.
If the grounds on which the person was declared legally incompetent cease to exist, the guardian is obliged to petition the court to recognize the ward as legally capable and remove guardianship from him.
Rights and obligations of the guardian (mental disorders)
The guardian is obliged to protect the interests of the ward, take care of his maintenance, provide him with care and treatment, must take care of restoring the ability of the ward to understand the meaning of his actions or manage them. Also, the trustee must protect the rights and interests of the ward in relations with any persons, including in courts, without special authority.
The custodian gives consent to the performance of all transactions by his ward with limited legal capacity, except for small household ones. He has the right, in the interests of the ward, to dispose of the funds paid for the maintenance of a person with limited capacity, that is, alimony, payments, pensions, and so on. The trustee has the right to dispose of income from the management of the property of the ward or his other means only with the consent of the guardianship authorities.
The trustee is not entitled to give consent to the sale, exchange, lease or any other transaction with the movable and immovable property of the ward, except in cases where the guardianship and guardianship authority gives consent to such transactions.
If the grounds on which the person was recognized as having limited legal capacity have disappeared, the guardian is obliged to petition the court to recognize the ward as capable and remove guardianship from him.
Rights and obligations of the guardian (addiction to alcohol, narcotic drugs, gambling)
The guardian consents to the performance of all transactions by his ward with limited legal capacity, except for small household ones.
The trustee has the right, in the interests of the ward, to dispose of the funds paid for the maintenance of a person with limited capacity, that is, alimony, payments, pensions, and so on. The trustee has the right to dispose of income from the management of the property of the ward or his other means only with the consent of the guardianship authorities.
The trustee is not entitled to give consent to the sale, exchange, lease or any other transaction with the movable and immovable property of the ward, except in cases where the guardianship and guardianship authority gives consent to such transactions.
If the grounds by virtue of which the person was recognized as having limited legal capacity have disappeared, the guardian is obliged to petition the court to recognize the ward as capable and remove guardianship from him.
"> rights and obligations.
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.
divorce by consent in New York
FAQ:
1. What is the difference between a contested divorce and a non-contested divorce?
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.
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 legal advice or seek the Court's assistance. 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.
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").
The Domestic Violence Petition, unless both parties agree, is 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.
Occasionally, 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 the duration of both 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.
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.
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.
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.
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.
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.
child support in New York
9. Will I be able to pay child support less than what is required by law?
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?
Once again, if you are unable to reach an agreement with the other party to reduce child support, 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.
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?
No. If child support continues after his 21st birthday, it will only be as a result of the agreement of both parents. The law does not require parents to continue supporting children after they turn 21, regardless of whether higher education is completed.
OK with this parent?
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.
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.
Here are a few factors that are considered the most significant:
- the length of the marriage; the age and state of health of each spouse;
- present and future income opportunities for each of the spouses;
- your opportunity to become financially independent;
- reduced or lost earnings opportunity due to denial or delay in education, training, employment, or career development during marriage;
- 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.
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 he is already accustomed, assuming that the child is fine in this 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.
18. I bought our house before our marriage with funds I bought before our marriage. Will I have to share the cost of my home with my ex/ex-spouse?
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.
19. Will the court force me to sell the 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.
21. Do I have to withdraw money from all joint accounts to protect my spouse from 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 husband 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?
If your business was created during your marriage, or you acquired an interest in a business during your marriage, then your spouse will most 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.
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 the acquisition 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).
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.
25. What is a juvenile delinquency trial?
This is a New York State Family Court lawsuit involving a juvenile delinquency 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.
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.
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 offender, 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.
26. What is marriage annulment and how is it different from divorce?
A man and a woman must be legally capable of being legally married. If the parties are not authorized to enter into a marriage, such a marriage can 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.
- 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.
- The parties must knowingly consent to the marriage. A marriage can 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 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.
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).