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New York Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Should I file for sole custody before filing for divorce?

My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).

When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jun 23, 2023

This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Can my girlfriends ex husband prevent me from being around her kids during her time with the kids. ?

My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... View More

Howard E. Knispel
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Howard E. Knispel
answered on May 24, 2023

Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I apply for my child passport if I have sole legal custody? And Do I need the father to fill out DS-3053?
Daniel B. Zarnowski
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Daniel B. Zarnowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023

The State Department is going to require some additional documentation to establish that you have the right to sign the form without the other parent, if you cannot get the other parent to write an affidavit (signed and notarized), you will have to provide the court order and other documents... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NYS, would a judge allow my request to have my children dropped off by school bus for my parenting time on fridays?

My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023

A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... View More

1 Answer | Asked in Child Custody, Family Law and International Law for New York on
Q: Can I relocate internationally with my child if I have sole physical custody but joint legal custody?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2023

If you have sole physical custody of your child, you may be able to relocate internationally with your child depending on the terms of your joint legal custody agreement and the laws of your state.

In general, relocation with a child may require court approval or agreement from the other...
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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My lawyer has been rude and also has not sent my divorce papers out. What can I do?

I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 19, 2023

First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My son was born and PR and I live in Ny. never married. I am listed as father on birth cert. How do i get visitation
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 8, 2023

Being listed on the birth certificate isn't enough. You need to have an acknowledgement of paternity to be the "legal" father or a court order. If there is an acknowledgment all you need to do is file a petition for visitation in Family Court. If there is no acknowledgement, you... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: NYC - Non-Custodial parent was arrested night before appearance (he petitioned for visitation).

The child is now six and father has not seen her in a year. Why does the court not recognize this deadbeat who is sleeping on his mother's floor in her one-room apartment? He was arrested for breaking someone's nose the night before he was to appear in court. What proof is needed to... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunatley, the law says it is in the child's best interests to have visitation with the non-custodial parent. However, what type of visitation and how often is left to the judge after a hearing. You should meet with an attorney to go over all of the facts of the matter. If you cannot... View More

2 Answers | Asked in Family Law and Child Custody for New York on
Q: can i move to another state with my kids, if i have sole custody?

was never married.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 1, 2023

The real question is do you have a custody order? If you do, then the father has visitation rights, in which case, you would need to get his written notarized agreement to allow you to move or a court order allowing the move. If there is no order, if the father has been visiting, then again, you... View More

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: can i move to another state with my kids, if i have sole custody?

was never married.

Howard E. Knispel
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Howard E. Knispel
answered on Mar 1, 2023

It depends. If you are depriving the other parent of parenting time then no, you can not. Relocation should not be done without court approval. If you do and the father files a writ of habeas corpus you will be forced to come back to NY and could even lose custody. See a lawyer before doing... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: If the father of my kids agrees to signing his rights over fully. Would the child support continue or stop? I

I don’t need the child support. He has other kids to take care of. If he signs his rights over would the payments stop or will New York continue to take the payments?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 28, 2023

(This is for NY) First of all, you should know he cannot sign over his "rights". The only way for his rights to be terminated is a Neglect petition being filed by DSS or he consents to an adoption. Until his rights are terminated, he has to pay child support. The only way to stop... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: I am in an abusive marriage with two little kids and no financial means to pay a retainer, I need help and advice, thank

I need a protective order and divorce help please

Carmen M. Rodriguez
Carmen M. Rodriguez
answered on Feb 26, 2023

If you are in immediate danger call 911

The National Domestic Violence Hotline is 800-799-7233

Safe Horizon contact is 1-800-621-HOPE (4673)

There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)

212-400-6470...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Hi, I hired a lawyer in my family court child custody case and now the judge says I am eligible for a court assigned

my attorney says he can't represent me anymore because the court pays little.

Can I pay the difference (credit card debt) if I want to keep her as my attorney

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 31, 2023

Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... View More

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Received Emergency Custody of 16 year old son. Court suggested I retain an attorney. How do I find the right attorney?

Son was in presence of mother when she overdosed. He had to call an ambulance. CPS contacted me and said file for emergency custody.

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Jan 30, 2023

Finding the right attorney is important. First, you should google Family Law attorneys who practice in the place where the custody is to take place. From there, look at their websites and learn more about the mission and vision of the firm. You should meet with different firms to determine if... View More

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have temporary custody of my 21-month-old son. His mother is allowed visitation that is supervised by a CPS twice week

the mother saw the child on 1/24/2022 and was actively using strong drugs. She was tested and tested positive and now is in a rehab. This has been her MOA since she lost custody in 1/2022. We would like legal advice on getting full permanent custody of the toddler. She has an extensive history of... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 29, 2023

If the child was placed with you under neglect proceedings against the mother, the court will decide if you should be placed with you permanently during the dispositional phase. You also could file a custody petition.

1 Answer | Asked in Child Custody, Domestic Violence and Libel & Slander for New York on
Q: Custody against an Abuser

I have a custody case coming up at the end of January my child's mother is suspected to be a narcissist I can prove with text messages and recorded phone calls of the abuse she jumps in to relationship to relationship to relationship immediately allowing the new partner to meet our child in... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 6, 2023

You can ask the judge to include a provision in an order that neither parent is to introduce the child to a new paramour until at least six months after beginning the relationship. You would benefit by consulting with a lawyer regarding your case if you wish to obtain custody.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If mom had custody of my son and she recently passed away who has custody of the child
Mary Theresa Colwell
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Mary Theresa Colwell
answered on Jan 3, 2023

That depends upon what the order says. If mom had sole legal custody then the person seeking custody, such as yourself or one of her relatives, would need to file in Family Court for a modification based upon this change in circumstances. If necessary, an Order to Show Cause can be filed for... View More

2 Answers | Asked in Child Custody for New York on
Q: If my mom had custody of my child and she recently passed away does the custody go back to me
Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 29, 2022

If there was an order giving your mother custody, you must file a modification petition in Family Court stating your mother’s passing as a change in circumstances. If she was awarded custody on your consent or per court order because, for some reason, you were unable to care for your child at... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: We have questions about relinquishing custody of a 14 year old nephew to his adult siblings.

In August of 2020, my husband and I were given primary physical and joint legal custody of our 12 year old nephew. Both parents were deceased and his two adult siblings asked us to take him as they did not feel equipped to raise him. After two and a half years we feel as though it is time for his... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 27, 2022

His siblings must be willing to assume custody of your nephew. If they are not, the Court cannot force them to take custody. If one of them is willing to assume custody he/she should file a custody petition. If you know longer wish to maintain custody of your nephew and neither of the siblings... View More

2 Answers | Asked in Child Custody and Child Support for New York on
Q: Child custody and child support

I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More

David Ivan Bliven
David Ivan Bliven
answered on Dec 17, 2022

In theory, you could file an order to show cause with the Court ion the child support case, requesting that the court issue a preliminary order suspending the child support. It's questionable whether the magistrate will grant same in advance of your regular return date & in advance of an... View More

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