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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
I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.
answered on Oct 18, 2023
School districts are ranked based on performance and other criteria. This information is available on line. If cannot find it call the school district directly and ask for the information. Keep in mind that you have to show that it is at least as good if not better than your current school... View More
My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More
answered on Aug 22, 2023
If the order of custody is a NY order, you can bring a petition in family court to stop the move. The best way is by Order to Show Cause so the court can stop the move until the case is heard. See an attorney to help with this if you can.
I am 19 and going to college this year as a freshman. I am still under the care of my mom and I will not be dorming. I know I am entitled to child support until 21 unless I am self-supporting myself. Is getting a job while in college and living with my mother enough to cancel my child support?
answered on Jul 18, 2023
You don't say if the child support is due to an Stipulation between your parents or a court order. Usually, working part time or even full time during periods that you are out of school will not affect the child support. However, if you are working full time while going to school and are... View More
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
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
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
I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... View More
answered on Mar 7, 2023
Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.
was never married.
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
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?
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
My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.
answered on Feb 9, 2023
Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... View More
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
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
answered on Jan 4, 2023
It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... View More
My daughters father is not listed on her birth certificate and has not been involved in her 6 years of life. He wants to sign his rights away as her father. Do I have to establish paternity with the court first for him to do that?
answered on Nov 17, 2022
A parent cannot sign their rights away. The only way to lose your rights as a parent is have your rights terminated by the courts after a neglect petition has been filed or when the child is adopted.
Teen with special needs is refusing court ordered visitation in the summer. Has not been getting along with the non custodial parent and is in therapy. Noncustodial parent seems to be triggering reactions from the teen and teen is having a hard time regulating emotions around non custodial parent... View More
answered on Jun 15, 2024
As long as it is the teen who refuses to visit and you are not telling him not to go there is no contempt. The therapists opinion is also helpful.
To add detail there is an active access order for 1 week rotation schedule. However they have added that the non custodial parent can access thr child every day on custodial parents access time for activities.
answered on Jun 7, 2024
Custody and visitation are 2 different things. Yes you can have full custody but the court can still provide the other parent with visitation as the courts hold that visitation is in the child's best interests.
My kids dad is behind 10,000 in child support. They appointed him a lawyer(public defender ) . Will the public defender help him not have to pay back support back ? He hasn’t paid more than $150 to child support since January. The judge lowered his child support from 2,600 to 2,300 but he... View More
answered on Apr 7, 2024
The attorney represents him in regard to content and it is almost impossible to lower the amount owed without your consent
I was told that having a legal order to pay child support can prevent me from finding work as certain jobs will not hire people who are paying out child support.
answered on Apr 7, 2024
The short answer is no - paying child support will not itself be a bar to being hired. Keep in mind that if you pay direct and not by income execution your employer shouldn't even know you pay child support
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
answered on Feb 12, 2024
Unfortunately, the answer is yes there is still the obligation to pay child support. In most cases, there isn't a reduction in child support even though the child received SSI.
Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More
answered on Feb 12, 2024
Although there is a minor child involved, unless your wife can come up with a way to pay for the monthly expenses (including the mortgage) on the house, the court will most likely order the sale of the residence.
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