what if my spouse does not hire attorney for child custody

by Tanner Oberbrunner 3 min read

What is the legal age for a child to decide which parent to live with in New York?

Preference and age: In New York, 18-year-old children are no longer subject to an order of custody. They can choose where they want to go. At the same time, many courts will hesitate to influence the choice of a 16- or 17-year-old, unless the teenager has serious problems or his/ her choice seems unreasonable.

Can a mother be deprived of custody of her child?

You can't separate a child from his or her mother. The mother, however, can lose her custody rights and parental authority if she is deemed by the state unfit to raise her child. These “compelling reasons” include unemployment, neglect, and failure to accomplish parental duties.

Who has the right for child custody?

Parents of the minor child shall have the right to custody over their children. The right of custody accorded to parents springs from the exercise of parental authority. Under the Family Code, the father and the mother shall jointly exercise parental authority over the persons of their common children.

What rights does a father have to his child?

Based on this a married fathers rights over a child include the rights to make decisions concerning the legal matters, as well as educational, health and welfare and religious matters. A father's rights over a child will also require him to provide food, clothes and shelter for his child.