I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More 
answered on May 1, 2024
You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More
Home. Stated he wants to live with and has told his father and the father refuses to talk to me. My son is 15 and is going to be 16 in august what should I do I don’t want to get me or my son in any trouble but I can’t force him to get on a plane. I live in Kentucky his father is in New York
We have spent over $30,000 on lawyers and have never been helped and he just keeps breaking the rules. How can she get help making him follow the law? No one can help her and we have no more money to help her. He has alienated the children and blocked her phone number. If they call her they are... View More
We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More
answered on Apr 18, 2024
If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More
I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More
answered on Apr 18, 2024
If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More
I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More
answered on Apr 18, 2024
Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.
Nassau County family Court: I am the moving party (& pro se litigant); i filed a Petition for Violation of Custody Order(+my sworn affidavit, respective evidence, affidavit of service etc) against Father. His Attorney filed/served me w/a “Notice of Motion” & “Affirmation” {in short... View More
My ex-wife is trying to restrict my time even more than she already has. She has routinely broken the agreements we've had in place and is falsely claiming that I am not taking care of our daughters. We started off with 50/50 custody and I also left a job that I was successful in to a job that... View More
On the 1-year anniversary of the adoption my biological children moved back in with me. The adoptive mother and I are trying to work together to do this legally. The kids at the time used the adoption as a security blanket. I was in active addiction for a short period of time and before addiction... View More
Her sister knows and she's okay with it. She's been living with them.. and they're manipulating her and controlling her life and such. She sincerely needs therapy.. Will that affect how custody goes after the baby is born? Cause.. it's seriously a messed up situation and I worry... View More
Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More
answered on Apr 1, 2024
The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More
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answered on Apr 1, 2024
The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More
I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More
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answered on Mar 21, 2024
If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More
Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More
answered on Mar 21, 2024
The short answer to your question is yes they may be used as exhibits
Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More
answered on Feb 18, 2024
It is correct that SCU can only take a portion of the payor's income to pay for child support.
However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file... View More
when there is conflicts and threats can I hold on to the visitation right until resolved by court.
answered on Feb 16, 2024
If there are no court orders of custody or visitation then both parents have equal rights to both. If there is a dangerous or unhealthy sitiuation then withholding visitation, if in the child's best interst, might be advisable but a custody petition should be immediatly filed.
How does one parent request a home study of one parent living outside of New York if it's suspected that the living arrangements are unacceptable and there may be child to child abuse?
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answered on Feb 16, 2024
There is not enough information here to cogently answer this question. We are not told when the child left state #1 to state #2. We are not told which of the two states the custody filing occurred.
The duration of the child's absence from a state makes all the difference to the success... View More
I’m a pro se litigant in what seems to be a black hole of judicial laziness and systemic coercive control. Opposing party narration of “monster-mom” by my ex/his counsel/AFC; with ongoing slanderous lies against me ¬ a shred of “evidence”(doesn’t exist).i reside in PA;... View More
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answered on Feb 13, 2024
The biggest mistake a litigant can make in a modern court of law is to fail to retain an attorney for her case. If not for the filings and trial, the pro se litigant requires an education in the folkways and mores of the modern American court.
This question highlights the naivety of the pro... View More
What do I need to show that moving is in her best interest?
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answered on Feb 14, 2024
We by no means can provide legal advice in particular cases. We are not the attorney for the asker and we know none of the facts. The New York court system is not an apparatus where one pushes a button and gets results as is the case, for example, in Pennsylvania. We here are an educational medium... View More
I have full custody of my daughter. Her mother has returned after being out of her life after 8 years. My daughter is now 12.
answered on Feb 3, 2024
You need to go to court for a relocation modification case. You need to show that moving would be beneficial for the child.
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