This form is an official State of New York Family Court sample form, a detailed Order of Filiation - Family Court Act Section 564.
New York Order of Filiation
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New York
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NY-5-7
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FAQ
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.
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.
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.
The party (plaintiff or defendant) presenting the Proposed Order to Show Cause is known as the movant. - There is a $45 fee to file a Proposed OSC with the court. Pay by cash, Visa/MasterCard/American Express, or postal money order made out to New York County Clerk.
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.
The court records of Family Court proceedings are not open to public inspection.Persons directly involved with a case who wish to obtain a copy of a court order may request a copy at the Record Room of the courthouse where the case was heard; proof of the person's identity is required.
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.
What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
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.