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Physical custody... Is there a form for NY State?

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  • Physical custody... Is there a form for NY State?

    My girlfriend is about to continue her education by going back to college and would like for our daughter to stay with me which I will have residential custody. What she doesnt want is to go through the hassle in court for this. Is there a form for New York State that can be filled and notarized for the proceeding of this?

  • #2
    re: Physical custody... Is there a form for NY State?

    The only way to make it legally binding is by court order. Since you aren't married to her you have no automatic rights to your child.

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    • #3
      re: Physical custody... Is there a form for NY State?

      It is easier to link it, than explain it. Understand the sacrifice she is making. Respect it in the future.


      NY City Family Court -- Custody & Visitation FAQs
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: Physical custody... Is there a form for NY State?

        Originally posted by gunedadon View Post
        My girlfriend is about to continue her education by going back to college and would like for our daughter to stay with me which I will have residential custody. What she doesnt want is to go through the hassle in court for this. Is there a form for New York State that can be filled and notarized for the proceeding of this?
        Yes, she can sign a stipulation that you have custody and authorizing you to make all decisions regarding the child's care.

        Her signature needs to be notarized, as well. Good form would be for you to also sign, accepting the guardianship.

        What you can do is search the web for guardianship agreements and choose what suits your situation best.

        A parent need not go through the "hassle" of court proceedings to appoint another guardian of their child in their stead. It is done all the time when parents send children to relatives, off to dormitory living -- and as long as the documents are properly authenticated, they hold up for all the world.

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        • #5
          Re: Physical custody... Is there a form for NY State?

          Then one morning when she gets a wild hair she can waltz in, head off to parts unknown with the child, and there's not a darn thing you can do about it. As an unwed father your only rights come from the courts. Or at moms discretion which can change on the wind.

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          • #6
            Re: Physical custody... Is there a form for NY State?

            Originally posted by goddessoflubboc View Post
            Then one morning when she gets a wild hair she can waltz in, head off to parts unknown with the child, and there's not a darn thing you can do about it. As an unwed father your only rights come from the courts. Or at moms discretion which can change on the wind.
            I didn't want to say flunk out and poison the windfall.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Its not for legal purposes though. Its just for housing to have proof of authorization from her so I can add my daughter as a tenant on my lease. There is no specific form they have for this? Someone told me a temporary guardianship form would do it im not quite sure

              Comment


              • #8
                Re: Physical custody... Is there a form for NY State?

                Originally posted by gunedadon View Post
                Its not for legal purposes though. Its just for housing to have proof of authorization from her so I can add my daughter as a tenant on my lease. There is no specific form they have for this? Someone told me a temporary guardianship form would do it im not quite sure
                It likely would for that purpose. You may discover this blows up down the road, when you both split up.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Re: Physical custody... Is there a form for NY State?

                  OP if you do nothing else, read this whole article: Price Of Shacking Up

                  Horse, meet water.

                  Comment


                  • #10
                    Re: Physical custody... Is there a form for NY State?

                    As an antidote to the poison pen replies you got from a few others, avoiding answering the question you asked, the law is the U.S. is that a parent may make whatever provisions he or she feels best for the child and the state shall not intervene. There are an abundance of reported cases on this point, including from the U.S. Supreme Court. Only in cases of abuse or neglect or where the court is requested to because the parents do not agree, is the state, the court to step in. Otherwise, the state shall not intrude in family matters, a parent's choices for their children.

                    A parent may appoint anyone guardian for their child he or she believes fit. It may be; a family member, best friend, god parent, a trusted nanny, school mistress or teacher -- whoever they wish. It is the parent's choice. And the parent need not go to court to ratify their decision. Children belong to their parents, not the state. They belonged to the state under Hitler, but not in the U.S.A.

                    Those who replied one must go to court to have a judge approve the mother's decision to appoint you guardian are wrong, wrong, wrong. And the parent need not appoint a relative, either. No law on these two points in any state in the nation.

                    There are guardianship forms available online one can download. To be sure all bases are covered, a family law attorney can review.

                    Comment


                    • #11
                      Re: Physical custody... Is there a form for NY State?

                      Originally posted by gunedadon View Post
                      Its not for legal purposes though. Its just for housing to have proof of authorization from her so I can add my daughter as a tenant on my lease. There is no specific form they have for this? Someone told me a temporary guardianship form would do it im not quite sure
                      See my reply. You can find the guardianship forms online. Her signature needs to be notarized and you should acknowledge accepting the guardianship, as well, on that form.

                      If you have any questions, a brief consultation with a family law attorney should suffice to make sure all bases are covered.

                      .

                      Comment


                      • #12
                        Re: Physical custody... Is there a form for NY State?

                        I never said he couldn't do as you suggest. I did point out the flip side of that coin however. Mom can giveth, mom can taketh away under the non-court option. Trying to avoid dad coming back in six months or a year, having developed an amazing bond with his child, only to have mom show up and whisk her halfway across the country.

                        I believe in full disclosure.

                        Comment


                        • #13
                          Me & my childs mother have no intentions on splitting up. We actually have a positive understanding and dont believe in courts making decissions for our child. If we have any differences we settle it without getting our daugher involved in the situation so we keep a family based relationship since we both comes from backgrounds of bull ****. Pardon my language but since that not being the main problem in perspective I just needed the name of a form specifically necessary to make this process less of a mental journey.

                          Anyone please?

                          Comment


                          • #14
                            Re: Physical custody... Is there a form for NY State?

                            Originally posted by gunedadon View Post
                            Me & my childs mother have no intentions on splitting up. We actually have a positive understanding and dont believe in courts making decissions for our child. If we have any differences we settle it without getting our daugher involved in the situation so we keep a family based relationship since we both comes from backgrounds of bull ****. Pardon my language but since that not being the main problem in perspective I just needed the name of a form specifically necessary to make this process less of a mental journey.

                            Anyone please?
                            This is a duplicate post asking the same question which has been asked and answered. Several times. Google 'guardianship forms' and use the one that best suits. This should not be a mental journey. A physical one to the keyboard one is using to make these posts.

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