Single Mother Custody Rights in New York

When it comes to the process of divorce or separation from an individual with whom you share a child, addressing the issue of child custody must be addressed. Because every custody situation is different, there are numerous different forms of child custody that may be ordered. As such, navigating a child custody case may be difficult.

As a legal term, child custody refers to the legal and practical relationship between a child and their divorced parent or legal custodian. It is important to note that the laws concerning child custody will vary by state. In New York, child custody is governed by the Family Court Act – Section 413.

Under New York law, as a single mother, you have several rights regarding child custody. First and foremost, a mother who has legal custody over their child will be able to make important decisions regarding that child’s upbringing.

Examples of single mother custody rights include:

• The right to make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• The right to make religious decisions regarding what religion to raise her child in, if any
• The right to make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of her child or represent her child in a lawsuit
• The right to make medical decisions for their child, such as whether or not her child should undergo invasive and noninvasive procedures
• The right to make decisions regarding the psychiatric treatment for her child

It is important to note that every state will always adhere to the child’s best interests standard when making child custody decisions. The child’s best interest standard is a legal standard that states that all child custody laws will place the child’s interests and backgrounds above the parent’s personal preferences when determining whom to grant custody to.

Although there is a general presumption that a child should spend time with both parents, that presumption can be rebutted by any party involved in a custody case. As a single mother, you are automatically awarded sole legal and physical custody of your child at birth if you are unmarried.

If you are married, there are some situations in which a court may determine that it is in a child’s best interest for one parent to have full or sole custody of a child or children. Custody laws for unmarried parents are different from custody laws for married parents. As such, it is important to have an understanding of New York law on child custody if you are a single mother.

Are There Different Types of Child Custody?

Yes, there are two different types of child custody. A parent may have either physical custody, legal custody, or both types of custody of their child. It is important to recognize the differences between legal custody and physical custody.

A parent who has legal custody over their child will have the right to make important legal decisions on behalf of that child. Physical custody, on the other hand, refers to a parent’s legal right to possess their child and determine where their child resides.

Legal custody may then be further broken down into different custody arrangements depending on your exact situation. The following is a list of different custody arrangements that a New York court may order:

• Sole Custody: In a sole custody arrangement, only one parent will have custody of the child for most of the time
  • The other parent is then permitted certain child visitation rights that allow them to visit with their child for an allotted period of time
  • In general, courts are moving away from sole custody arrangements, as numerous courts presume that a child having access to both parents is in the child’s best interest
  • However, if there is evidence that the child is in clear danger in one parent’s household, or evidence is shown that permitting one parent custody of the child is not in the child’s best interest, then sole custody may be ordered by a court
• Joint Custody: In a joint custody arrangement, two parents can agree on custody, or a court orders them to share decision-making and child-raising responsibilities
  • Courts generally prefer joint child custody arrangements as they are typically considered to be in the child’s best interests
  • Joint child custody arrangements ensure children have continued contact and involvement with both parents by allowing both parents to have almost equal possession and access to their child or children
• Bird’s Nest Custody: Bird’s nest child custody refers to a rare form of child custody where the child remains living in the family home, and the parents take turns moving in and out of the home to care for the child
• Split Custody: In a split child custody arrangement, otherwise known as a 50-50 child custody arrangement, both parents are granted equal rights to physical possession of their child or children

Who Determines Child Custody?

Child custody decisions in New York will be made by a judge in Family Court. Once again, the judge will always make decisions based on the best interests of the child. Some key factors considered when determining child custody include:

• Each parent’s ability to provide a stable home environment
• The physical and mental health of each parent
• The child’s relationship with each parent and their siblings, if they have any
• The financial status of each parent
• Who was the primary caretaker of the child
• Whether or not the parents are married, as New York law automatically grants custody rights to single mothers
  • A father may petition the court for paternity testing, and then if paternity is established, may then petition for custody
• Evidence of serious issues, such as domestic violence or substance abuse

Can a Father Take a Child Away From the Mother?

There are many common grounds and situations that could arise to a court revoking a mother’s custody rights over their child or children. A father may take a child away from their mother only when they have legal permission from a court to do so. A court may grant a father the right to take a child away from their mother for any of the following reasons:

• Abandonment: If the mother intentionally abandons the child for six months or more
• Permanent Neglect: If the mother fails to maintain contact or plan for the future of the child, despite the agency’s efforts
• Mental Illness: If the mother has a severe mental health disability that prevents her from caring for their child
• Mental Retardation: If the mother has a severe intellectual disability that affects her ability to care for their child
• Evidence of Abuse: Evidence of severe or repeated abuse, such as domestic abuse, may be grounds for a father taking a child away from their mother

Can I Move With My Child Without the Father’s Permission?

In short, it depends. In New York, if you are the custodial parent and wish to move with your child, you generally need either the father’s permission or a court order to do so. Once again, a single unmarried mother will be automatically granted sole legal and physical custody of their child.

If you have sole custody, you may do whatever you want without having to seek the other parent’s permission. However, if the father has custodial rights with respect to the child, then you will have to follow the custody order entered into by the court.

If there is a geographic restriction present in the custody order, then you will first need to seek permission from the court to move. The court will then decide whether the move is in the best interests of the child, considering factors such as the reasons for the move, the impact on the child’s relationship with the non-custodial parent, and the child’s overall well-being.

A local New York lawyer will be able to answer any questions you may have regarding whether or not your child custody order permits you to move. If you do not have an order, they will be able to help you obtain one, if necessary.

Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?

As a single mother, if you are in a situation where your custodial rights are being challenged, then it is in your best interests to immediately consult with an experienced New York child custody attorney.

LegalMatch can assist you with locating and setting up a legal consultation with an experienced child custody attorney in your area. An attorney can help you understand New York’s specific laws regarding child custody, including the grounds in which your custody as a single mother may be challenged.

An attorney can also help you face any allegations of child abuse and neglect and ensure that your parental rights are protected throughout any legal proceeding. Finally, a custody lawyer can ensure that you have a solid child custody order, and also represent you at any court proceeding.