Legal Question in Family Law in New York
child custody
who has the right to custody of a newborn if the parents are unmarried, but both names are on the birth certificate?
3 Answers from Attorneys
Re: child custody
Neither of them until 1 petitions the family court for same. Until then custody is considered to be joint.
Re: child custody
Both parents, since they are both parents. Seems kind of obvious. As to who has physical/residential custody, that is complicated. The court looks at the best interest of the child.
Re: child custody
both parents have a right to custody unless a court orders otherwise. As a practical matter the police will asist anyone in getting custody unless there a=is a court order.
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