Is the Father the Custodial parent? Do you otherwise share custody? Generally the custodial parent cannot move the children's primary residence without either the permission of the other parent or court permission. But more facts are necessary to definitively answer this question.... Read more »

Basic child support is intended to cover all basic necessitates of the child - including costs of haircuts. If basic child support was waived and only 1 parent is paying for the haircuts & the other parent is refusing to contribute, then a modification petition may need to be filed. Schedule... Read more »

Violations - depending on the nature, severity & frequency - may indeed satisfy the standard of "substantial change of circumstances." But that is a completely separate question from whether the court will then switch physical custody as a result. Even with a violation established,... Read more »

There are no circumstances under which jurisdiction to modify/enforce visitation can be extended beyond age 18 in New York. For a full assessment, contact a Bronx Divorce Attorney.

"NOI" means Note of Issue - meaning you needed to have filed one & paid the fee when presenting your judgment package. To follow-up, you can call the Matrimonial Clerk's office. You may also call a Bronx Divorce Attorney for more info.

It's advisable in this instance to start keeping a paper-trail. For starters, you can tape-record conversations you're a party to, whether over the phone or in-person. You should also propose using an App such as "Our family Wizard" or "Talking Parents" to not only... Read more »

By statute, child support is retroactive to the filing date of her petition. If the court ends up giving you shared custody, then you can subsequently petition for a modification of child support. Schedule a consult with a Bronx Family Law attorney for a full assessment.

If you deem that to be a deal-breaker, then it's certainly a basis to terminate the marriage. I can't say whether she committed "immigration fraud" as that question would need to be posed to an immigration attorney. Schedule a consult with a Westchester Divorce attorney for a full assessment.

You can bring an adoption proceeding - this would result in effectively terminating his parental rights. Bear in mind, however, that nonpayment of support and/or having an order of protection would not be grounds (in themselves) to have the adoption approved - the Judge would need to find he... Read more »

Yes - if the child's biologically yours, then the two of you have arranged for informal custody. That said, you should consider formalizing the arrangement by filing a petition for custody with the Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »

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 »

You should file a violation petition - with the aim of obtaining a money judgment. Among other things, the money judgment accrues 9% interest on the arrears. It also allows you to take action if SCU isn't - you can (via an attorney) move to garnish wages, seize money from his bank accounts,... Read more »

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.

You may wish to contact SCU on this. They're entitled to charge an annual administrative fee (as of Nov. 2021, it's $35). It's possible they hadn't charged you that fee for several years & are now catching up, but that's only speculation. For a further assessment,... Read more »

The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full... Read more »

Unless the Judge ordered otherwise, you're obligated to mail her a copy of the final Judgment along with notice of entry. There's otherwise no obligation to send it certified mail - same is advisable (but not otherwise required) if the other side has defaulted. Schedule a consult with a... Read more »

The short answer is yes - so long as you're the Father, you have a legal obligation to support the child. You will have the burden of proving you're disabled thru competent medical evidence. Even if you succeed in that burden, you'd still pay 17% of your disability, unless paying... Read more »

Due to the automatic orders, you cannot change the character of the joint account without her express permission. But you can generally do 2 things: (1) you can stop your direct deposit from going into that account & (2) discuss with your wife whether she agrees to simply split up the account.... Read more »

If you can't resolve the issue, then file for divorce. Then you can either negotiate the issue or file an order to show cause & get before the Judge for a ruling. Schedule a consult with a NYC Divorce Attorney for a full assessment.