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New York Motion To Terminate Placement
State:
New York
Control #:
NY-10-11-A
Format:
PDF
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FAQ
The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.
Will the court consider a child's preference? Whether a child is 3, 7, or 17, their preference is always important, however, once a child reaches the age of 13, the child's wishes will be given more weight.
Call 311 in NYC or the New York State Central Register (SCR) directly at 1(800) 342-3720. If the child is in immediate danger, call 911.
Contact your state legislature/governor's office/District Attorney and ask for assistance. Report the CPS office that is behind this unacceptable recommendation. Do not take no for an answer...be persistent. Call them, write them, go in person to their offices and tell them you need help.
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
New York Family Court Act Article 6: Custody Visitation and Guardianship.A parent, grandparent or a person with a significant relationship with a child can file a Custody/Visitation or Guardianship petition in Family Court.
Legally, there is no specific age. In general, it has to do with the maturity and reasoning of the child, in addition to his/her age. At 16 or so, judges will often take the position that they can't force a child of that age to visit a non-custodial parent but, legally, there is no specific age standard.
An unfit parent is usually one who struggles with drug or alcohol abuse or some form of substance abuse; has been found to have physically or sexually abused the child; has an extensive criminal record or is deemed to be completely unreliable as to the care of the child.
At What Age Can a Child Refuse Visitation in New York? Visitation and custody arrangements are designed with a child's interests in mind. Parents are obligated to follow a custody order's terms until a child reaches 18 or is emancipated.