Q: If both parents were not married at child birth but got married years later who has custody?
The child l resides with the mother
A: Short of a court order giving someone "custody", both parents have equal custody no matter who the child resides with.
A:
In New York, when a child is born to parents who are not married, the mother is typically granted sole custody of the child by default. This means that the mother has the legal right to make decisions regarding the child's upbringing, health, education, and other matters without the need for a court order.
However, if the parents later get married, this can change the legal status of custody. In New York, when unmarried parents subsequently marry, it may result in joint legal custody. Joint legal custody means that both parents have an equal right to make important decisions for the child, even if the child primarily resides with one parent.
If the parents wish to formalize their custody arrangement, they can do so through a written agreement or by seeking a court order. A court can approve a custody arrangement that reflects the best interests of the child. It's advisable for parents to work together to create a custody agreement that considers the child's well-being and outlines the responsibilities and rights of both parents.
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