My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »
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 »
Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.
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 »
"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.
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 »
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.
I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »
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.
I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter's dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and... Read more »
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 »
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 »
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.
Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.
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 »
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 »
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 »
I have a support order over 40k in arrears and somehow he is a free man! He is working because his iron worker union has told me but support collection doesn't get a response from employer. Should I hire a lawyer?P.I ? I have tried by the book and he gets away with no responsibility at all!!
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 »
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?
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 »
I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am... 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 »
She was not home to receive the judgement so it was brought to the post office for pickup. I sent my ex the tracking number so it could be picked up, reminded her a few times to go get it, but she never followed through. Now it’s being “returned to sender”. Do I need to make another attempt... 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 »
Our child was enrolled in a public highschool in the city I work/live but my spouse enrolled our child in her village (another county) during the pandemic. Our child wants to be re-enrolled in her previous highschool but my spouse is strongly opposed. We are running out of time since schools starts... 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.
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