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New York Child Custody Questions & Answers
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...
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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...
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3 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2022

This might work in the short term but not the long term, the best way to handle the situation is through an adoption, an alternative, though not the best is a custody order from a court. In either case, the father would have to be notified of what is going on. I suggest you sit down with an... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: How do I prove I am currently living alone? I live in a detached house by myself.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 29, 2022

Without stating for what purpose, we really don't know how an asker can prove he lives alone. If this is for a court proceeding, the asker can simply testify he lives alone.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Can a mother go to court to get custody over an 18 year old because he committed serious legal ramifications?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 20, 2022

The courts cannot grant custody of an 18 year old.

1 Answer | Asked in Estate Planning, Family Law and Child Custody for New York on
Q: We are interested in appointing a legal guardian for our 16yo son in case of an accident during an upcoming vacation.

We will be traveling abroad and our son will stay with my sister. If we get in a plane crash we want to make sure he is taken care of according to our wishes. We wish to appoint my sister as legal guardian. Should we establish a will to express our wishes in regard to our property and our... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 19, 2022

We here cannot offer legal advice as there is no attorney-client relationship formed between the asker and the responding lawyer. We are an education site.

One bit of education is that the law works best when an event giving rise to a case already happened. This means the process is far...
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1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter n to give her brother power of attorney so he can put her children in school, doctors right away she is in

Ny Children in Atlanta Georgia will the power of attorney papers be okay .

Russel Morgan
Russel Morgan
answered on Jan 12, 2022

Yes, though this question is a bit unclear but happy to assist you over the phone or email.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Dec 29, 2021

First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »

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1 Answer | Asked in Child Custody and Divorce for New York on
Q: What things do I have to change my name with after a divorce?

I just got my judgment of divorce in the mail from the Supreme Court and it states I can go back to my maiden name. I have a custody order with family court that was done before the divorce awarding me custody of my child but under my married name . My question is, when I change my name back to my... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 29, 2021

No - if there is ever a question (which is unlikely) your judgement of divorce shows your married name. Additionally, the children still have the family name.

1 Answer | Asked in Child Custody and Divorce for New York on
Q: What records do I need to change after divorce granting me my maiden name back?

I recently got a judgment of divorce in the mail, and it states I can resume the use of my maiden name which I fully intended to do. have a family court file and family court order awarding me custody of my son way before the divorce. The divorce stated to continue to use that family court order.... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 29, 2021

You do not need to change your name. The divorce judgment gives you the power to do so if you want to. The judgment of divorce is a name change order itself. You do not need to go back to court.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Family law. If there is no court order as of yet, can my grandkids leave county of a visit with their mother?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 20, 2021

If there is no court order, each parent has custody and may go anywhere they wish with the children

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Father of a 4yr old. Child support and custody established to mother. Mother promised to make my life hell for 18 yrs.

I’m seeking full custody of my son. Current on child support with a credit also. Currently have my son 2 days a week. Tried my best to coparent with mother but she has promised to make my life hell for 18 years. What can I do?

David Ivan Bliven
David Ivan Bliven
answered on Dec 4, 2021

Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Good evening, I was wondering if it would be easier to file for an uncontested lawyer(k, We know what we want already.

We have two kids also.I’m willing to pay whatever the state recommends for child support

Theodore Alatsas
PREMIUM
Theodore Alatsas
answered on Dec 2, 2021

Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: my daughters attorney in our battle represented her dad in a separate case prior to and after ours is that a conflict?

And can she get in trouble that she knew this and did not recuse herself ?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 17, 2021

The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a... Read more »

2 Answers | Asked in Child Custody and Family Law for New York on
Q: I am looking to take full custody and residential custody back from my mother. We all live together.

Next year, we both plan on moving and would like to get this done immediately. She does not contest to me having full custody with the residential. How do I go about doing this?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 9, 2021

What needs to be done is the filing of a petition in Nassau County Family Court modifying the old custody order. I suggest that you seek a consultation with an attorney experienced in Nassau Family Court and bring the old order and discuss the reasons for your wish to change custody. If you want... Read more »

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I have a visitation order and would like to know if the order applies to holidays as well.

There is no court order holiday schedule. But order states Parenting Time with child from 3pm to 7pm for 1 month on Wed and Thurs.father will have parenting time picking up the child at 3:00 pm on Wed, returning to school Thurs am, picking up from school Thurs 3pm and returning to school on Friday... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 8, 2021

If there is no provision for holiday visitation and no court order, then the regular schedule remains even during holidays.

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