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New York Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there any possible way to get away from my mentally and physically abusive mother? she cant support us three kids.

My mother is constantly yelling at us kids. She can not support the three kids she has. My father can support me and those living with him. My mother won't even let me bring him up in a conversation without her getting angry. Please help me. He is trying everything to get me but there's... Read more »

Sandra M. Colatosti
Sandra M. Colatosti answered on May 22, 2022

Your father will need to file a petition with the Family Court in the county in which you live. Your father could contact the court to have them send him the petition or get a copy online at the NY courts website. The Court will give more weight to your desire to live with your father if you are a... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Hi, how do I give a custody back to her father

I was given custody to her but, he can care for her now, so I want to give her back to her.

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on May 17, 2022

File a petition in family court and have the father served. Ask the judge to grant an order giving the father custody.

1 Answer | Asked in Child Custody for New York on
Q: I was not aware that I had a custody case order in effect from 2014. Neither of us went to court thought it was closed

I was not aware I needed court permission to move. My ex was okay with the move for the first 6 months of relocation. He was the one who funded and moved our belongings, he was my reference for the new apartment, he paid the rent as part of the child support, he was 100% ok with the move. The move... Read more »

Sandra M. Colatosti
Sandra M. Colatosti answered on May 16, 2022

You should file a modification petition seeking to relocate with your son. I would advise you to speak to an attorney.

2 Answers | Asked in Child Custody for New York on
Q: I’m going for custody trial it’s worth to get a lawyer to represent my case , I feel my legal aide from court is not
Howard E. Knispel
Howard E. Knispel answered on May 16, 2022

Lawyers know the system, they know how to examine and cross-examine. Hire a lawyer

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1 Answer | Asked in Child Custody for New York on
Q: How do i give back custody of a child to her father.
Sandra M. Colatosti
Sandra M. Colatosti answered on May 14, 2022

More information is needed to answer this question. For example, does he want custody? Are you the child’s mother? Why do you want to give custody back to him?

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: hi, my name is ivan, can the court decision from country Georgia be effective in New York on child visitation?

I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.

I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.

because the pandemic wasn't going anywhere.

I came to Georgia Tbilisi... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on May 3, 2022

The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.

The...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I have a question that I’m hoping somebody can answer.

My fiancé wants to sign my sons birth certificate and we’re turning in the acknowledgment papers with his name on it his biological father my son‘s biological father has made it to where he said he wants no parental rights to my son he said when he tried to kill me that it felt good for my son... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on May 1, 2022

The answer the asker wants to hear is that her fiance can sign the newborn's birth certificate, and such an answer is certainly possible. The government has no idea whose DNA is in the newborn, and the only record of who the father is can be found in the birth certificate which is always... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Will getting a lawyer help move my cps case along

I've had a cps case for the last 7 months, I've lost placement of my child for this time period. It seems that cps is doing nothing to move things along

Sandra M. Colatosti
Sandra M. Colatosti answered on Apr 28, 2022

You should be represented by an attorney in the matter. If you cannot afford one, you can apply to have an attorney to represent you.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you tell me what can be done?

So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... Read more »

Howard E. Knispel
Howard E. Knispel answered on Apr 16, 2022

While there is nothing illegal for him to threaten to take you to court, if he becomes harrassing or threatening harm in any way then you might be able to get an Order of Protection. There are apps that the two of you can use to reduce harmful communications in which you can only communicate about... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: How do I file ineffective counsel before my case ends. My lawyer will not submit any evidence I have
Howard E. Knispel
Howard E. Knispel answered on Apr 15, 2022

You can dismiss you Attorney at any time.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... Read more »

Howard E. Knispel
Howard E. Knispel answered on Apr 14, 2022

Once a permanent child support order is issued, the arrears dates back to the date of filing.

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: am I allowed to take my kids and move out of state without my ex’s approval?

I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... Read more »

Sandra M. Colatosti
Sandra M. Colatosti answered on Apr 12, 2022

You would need to file a petition with Family Court to relocate with your children. You would need to show that it would be in their best interests. The Court would look at a number of factors such as the relationship between the children and their father and how the move would improve the... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can an unwed mother from NY move with a their baby to another state or territory without the fathers consent?

Baby is 3 months old

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Apr 6, 2022

Former Governor Andrew Cuomo said it best, "You can get away with anything as long as you don't get caught." This principle is especially pertinent with children and families. The asker can depart and the left-behind parent does nothing. Six months later, the asker is free and clear.... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2022

To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... Read more »

1 Answer | Asked in Child Custody, Civil Litigation, Criminal Law and Family Law for New York on
Q: Can anyone be held civilly or criminally liable if false allegations are made and relied on for decision during custody?

My ex used pending charges against my current spouse, that have since been resolved to try and claim he was violent and my kids in danger. My spouse was not convicted of any of these charges, only misdemeanor traffic charge. Because these claims (along with other false claims) tainted the courts... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 31, 2022

No. The asker must realize that in a post-Clinton nation, no proof is needed for up-front orders, a court investigates after those orders, and then a hearing takes place to confirm or refute the allegations in a petition. The law used to be proof by a preponderance of the evidence; it is now... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I am a grandfather Pro Se. I was asked to write Case Law. I'm not fluent with this. Help! Thank you.

My Son is trying to stop visitation. His Ex-Girlfriend will allow me to see my Grand-Daughter. I am the only blood Grandparent. This is in NYS. I raised this child for the most part. Ex's Lawyer said I was doing a good job in Court. Is Case Law about my case, or, do I compare it to another... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 26, 2022

We here cannot participate in the conduct of any asker’s case because we are not the attorney of record. We know none of the facts and none of the procedural history.

We can say that there is precious little case law on grandparent visitation (FCA §651(b)) because most such cases end in...
Read more »

1 Answer | Asked in Child Custody, Family Law and Medical Malpractice for New York on
Q: In PA or NY, custodial parents and medical facilities are required to inform other parent with joint custody of trtmnt?

Ex has left me out of the loop for 3 months on my daughter's quickly developed eating disorder that is now so bad she will be hospitalized. Even has her on meds. We have joint legal custody and are required to discuss all medical, academic, and other major issues and come to conclusions... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 26, 2022

In neither Pennsylvania nor New York is a provider of medical services required to hunt down and inform a joint custodian of anything. Ordinarily, a court will enter custody orders that compel the custodial parent to stay abreast of such information and then notify the asker of its occurrence.... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My sons father is currently serving 30 years in prison and they do not want to talk to him or see him.

He wants the courts to force them to talk and to visit him in prison. He is in CT and I am in NY. We are currently divorcing and I am filing for custody in NY. Should I force the children to talk to him. They will be 10 & 11 years old.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2022

The courts will require some sort of contact. What that is will be up to the court. I suggest that you discuss the issue with your divorce attorney as "custody and visitation" are part of the Judgement of Divorce.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is it okay for me to live in a 1 bedroom apt with my girlfriend and my son who stays with us every other weekend? He’s 3

My long term girlfriend and I just moved into a one bedroom apartment. I have a 3 year old son who I have partial custody. We have arranged his own bed for him in our one bedroom and a dresser. Is this legal? We can’t afford a 2 bedroom yet.

Christopher N. Luhn
Christopher N. Luhn answered on Feb 17, 2022

I'll answer based on New York law. If you are in a different jurisdiction, consult an attorney in your jurisdiction.

In a word: "Yes". The co-custodian may object, but unless there is an objectively sustainable reason otherwise, there should not be an issue. You are, of...
Read more »

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