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Under New York law, the child's best interests are the most important factor in considering which parent gets physical custody. The child's best interests are also the most important factor for the court when deciding whether a situation warrants granting sole custody.

An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision. The OSC tells the court and the other side what the movant wants the Judge to do.

Unless otherwise required by statute, rule or order of the Court or any Justice thereof, the papers on a motion or cross motion must include the original notice of motion, supporting affidavit(s), and proof of service of the motion on all parties, a copy of the notice of appeal or other document which first invoked the ...

The Judge may sign your order to show cause and stop the eviction until the case can be heard. In some situations, the judge may sign the order but not stop the eviction. The Judge may also sign the order to show cause, but place conditions, such as paying the rent or bringing proof of funds to pay to court.

Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.

There is a process for making a motion without giving notice. This type of motion is called an ?Order to Show Cause.? This alternative motion does not have to wait eight days and can be heard at any time the court directs. In real emergencies, the court may even hear a motion in a matter of hours.