![]() The Department of Defense (DOD) requires a single parent with sole custody who enlists in any branch of the Armed Forces to complete a Family Care Plan with his or her Commanding Officer. The judge will decide whether or not to accept A motion to show cause can be filed when you must see a judge quickly due to an emergency or for some other reason that does not allow you the time to wait. ![]() A motion is an application to appear before the judge to ask the court to make a specific decision. You can file a motion to show cause in the borough or county where the child has lived for the last six months, or where the original order was made, if you are trying to modify that order. Is there a way to speed up the process if I am about to be deployed? For more information about jurisdiction, please see the Family Legal Care guide, “ Custody, Visitation and Jurisdiction.” A petition to modify usually must be filed in the court that made the original order. ![]() When you file for a modification, you will be given a court date to come back to court. If this happens, you can file a petition to modify the old order. That is called a change of circumstances. Things sometimes change, like a parent’s military status, after the court makes a final custody or visitation order. What if I already have an order and I want to change it? The judge will look at who has been the main person taking care of the child up until now. The judge does not favor a mother over a father, even if the case involves a young child. The case will not be decided based on who loves the child more or who has more money. The judge will look at many things when figuring this out. If there are extraordinary circumstances, the judge will decide what is in the best interests of the child. It might also mean that the parent is incarcerated and unable to care for the child. Examples of some extraordinary circumstances are: when a court has determined that there has been abuse or neglect the child has been harmed by domestic violence when there is drug abuse in the home or when a parent voluntarily places a child in the grandparents’ home for at least two continuous years and the grandparents assume care and control of that child. First, the judge will decide whether there are extraordinary circumstances. When a judge is deciding a custody case between a parent and someone who is not a parent, different factors will be considered. How will a judge decide custody or guardianship of the child? On the day the person files the custody or guardianship petition, the person will be given another court date to come back to court. Custody decisions can be made in Family Court or Supreme Court guardianship decisions can be made in Family Court or Surrogate’s Court. How can someone get custody or guardianship of a child?Ī person may file a petition for custody or a petition for guardianship in the borough or county where the child has lived for the last six months. This will help you decide whether another family member should petition for custody or guardianship of the child.įor more information on custody cases, please see the Family Legal Care guide, “ Custody & Visitation Basics.” For more information on the rights of relatives in family court, including around custody and guardianship, please see the Family Legal Care guide, “ The Rights of Relatives in Family Court.” ![]() If the child will live in a state other than New York with your family member, you should find out about the laws in the state where they will live. However, in other states, there are big differences between the two. In New York State, there are very few differences between custody and guardianship. Guardians usually also have physical custody of the child. Guardians have legal custody over a child. A guardian is responsible for the child, cares for the child, and makes decisions about the everyday life of the child. Guardian- ship of a person, is when an adult takes care of someone who is unable to take care of him or herself. There are two kinds of guardianship: guardianship of a person and guardianship of property. Legal custody is when an adult has the responsibility of making important decisions – such as medical, educational or religious decisions – about the life of a child. Physical custody is when an adult is responsible for a child and takes care of the child. The same person often has physical and legal custody – but not always. There are two kinds of custody: physical and legal. To have custody means to be in charge of someone. What is the difference between custody and guardianship?
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