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New York Child Custody Questions & Answers
0 Answers | Asked in Native American Law, Family Law and Child Custody for New York on
Q: how do i go about going to court that is for native americans and theres no evidence and they taken my daughter for 9ms.

there is no evidence, hearing one side, slandering, holding visits and appointments against us when we are sick, not providing transportation, never sent a letter saying if anything was founded.

0 Answers | Asked in Child Custody for New York on
Q: If my five-year-old son is on the phone w/ another 5-year-old on the phone can I record that conversation

The other child is in Colorado I'm in NY

2 Answers | Asked in Family Law and Child Custody for New York on
Q: If my kids were taken out the country with there mother without my consent and we have joint custody?

I'm asking because I have reason to believe she has. She asked me to sign some papers, I asked her where she was going. Here response was it's none of my business.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 2, 2022

Unless the order states that the children cannot be removed from the country, state, area, etc., there is no prohibition against taking the children out of the country without the other parent's consent. It becomes a problem if the relocates the children to another country permanently.

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1 Answer | Asked in Child Custody for New York on
Q: My kids are 13 yrs old and 15 yrs old. If they want to stay with me, can I get full custody? I am in New York.

I am father.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 30, 2022

They are at an age at which their wishes about whom to live with would be given greater weight. However, it would be just one of the factors the court would consider. You first would have to show a change in circumstances, that being the children’s desire to live with you. You then would have to... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I want the my 2 boys 9&10 to fly on a direct flight from nyc to houston Texas where I reside .

I want the my 2 boys 9&10 to fly on a direct flight from nyc to Houston Texas where I reside . The mother said if the boys wanted to she would be on board . I offered to pay all flight cost and her gas tolls or Am track tickets from Albany to nyc . She now has changed her feelings even... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jul 25, 2022

Is there anything addressing this issue in your custody order? You may need to go to court to modify the order if so. Talk to a NY lawyer.

1 Answer | Asked in Child Custody for New York on
Q: Does he get visitation both from 7:30am-4:30pm on Friday, and then also the holiday schedule 6pm to 1pm the next day?

I am the custodial parent to my son, and his father is non-custodial. He unofficially takes him every friday from 7:30am until 4:30pm. (This was verbally agreed on, but not filed in our court order). His father also gets visitation on December 23rd at 6pm until December 24th at 1pm.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 25, 2022

For the visitation schedule to be enforceable, either you or the father would have to file a petition with Family Court and an order issued.

0 Answers | Asked in Family Law and Child Custody for New York on
Q: A appointed family court lawyer won’t answer my questions or reply. What case law sites this as a violation on her part?

I made a go fund me to raise money to hire a better lawyer than the one appointed to me she saw at the go fund told me me and since then is refusing to reply to any of my emails. What caselaw is she violating

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: Is the absence of a non custodial parent, reason enough to change the child’s last name to that of the custodial parent?

Non custodial parent has not made contact in a year. They have a history of disappearing for years at a time.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 11, 2022

The short answer is no.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I move out of state with the child if both parents signed a noterized custody agreement giving me custody

They gave me permission to make any and all decisions about the child.That the child lives with me and I make decisions regarding doctors, education etc

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jul 1, 2022

The signed and acknowledged agreement must do more than give "custody." It must specifically state that relocation is agreed upon, and to bolster its validity, the agreement should include a visitation plan for the stay-behind parent. There should also be a passport authority statement in... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Should an unwed mother file for sole custody as a preventative measure?

My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 29, 2022

No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 28, 2022

Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.

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1 Answer | Asked in Child Custody for New York on
Q: Could my sister lose in court custody because she works midnights?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 23, 2022

No.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: can a guy that's dating a girl who pregnant and not the father sign the birth paper as if he was.
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 13, 2022

Yes. However, by doing so, he will be responsible for child support for the child until the age of 21.

1 Answer | Asked in Family Law, Child Support and Child Custody for New York on
Q: My ex wife has moved to a different state, before moving we agreed on a new visitation an was so ordered by the court.

Child support was also in the document we brought to court (we agreed to terminate support) which was notarized and signed by both parties. The court could only grant the visitation and was told we would need to petition the court for the child support case since it is a different department.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 7, 2022

The asker should retain counsel. In the family court world, each subject area carries its own petition: visitation/custody, support, abuse, neglect, guardianship and so on. When the parties conflate custody and support in one agreement, they severely limit their ability to submit and give respect... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 30, 2022

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

2 Answers | Asked in Divorce and Child Custody for New York on
Q: Are there any circumstances where visitation rights don't end at 18? I was told they end at 21, but I don't believe it.
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 27, 2022

Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there any possible way to get away from my mentally and physically abusive mother? she cant support us three kids.

My mother is constantly yelling at us kids. She can not support the three kids she has. My father can support me and those living with him. My mother won't even let me bring him up in a conversation without her getting angry. Please help me. He is trying everything to get me but there's... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 22, 2022

Your father will need to file a petition with the Family Court in the county in which you live. Your father could contact the court to have them send him the petition or get a copy online at the NY courts website. The Court will give more weight to your desire to live with your father if you are a... Read more »

1 Answer | Asked in Child Custody for New York on
Q: I was not aware that I had a custody case order in effect from 2014. Neither of us went to court thought it was closed

I was not aware I needed court permission to move. My ex was okay with the move for the first 6 months of relocation. He was the one who funded and moved our belongings, he was my reference for the new apartment, he paid the rent as part of the child support, he was 100% ok with the move. The move... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2022

You should file a modification petition seeking to relocate with your son. I would advise you to speak to an attorney.

2 Answers | Asked in Child Custody for New York on
Q: I’m going for custody trial it’s worth to get a lawyer to represent my case , I feel my legal aide from court is not
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 16, 2022

Lawyers know the system, they know how to examine and cross-examine. Hire a lawyer

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1 Answer | Asked in Child Custody for New York on
Q: Hi, how do I give a custody back to her father

I was given custody to her but, he can care for her now, so I want to give her back to her.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 17, 2022

File a petition in family court and have the father served. Ask the judge to grant an order giving the father custody.

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