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New York Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: What is case law on a non-custodial parents girlfriend being requested to give a hair follicle after already submitting

Drug test by an oasis State facility

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 22, 2022

This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.

There is a considerable body of case law...
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1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for New York on
Q: New petitions have been filed change of circumstances have been filed no initial hearing date for first appearance was

That was postponed to a trial continues to get postponed have not subpoenaed my girlfriend into court but want to question her they have no witnesses they have nobody to testify my girlfriend is supply drug test reference letters certificates custody orders in regards to her own children and they... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Nov 21, 2022

If you are not represented by an attorney, I strongly suggest you consult with one immediately. If you are preparing for a custody trial where certified documents may need to be submitted, it is essential that they are done properly. An attorney can also move the process forward for you. You are... Read more »

0 Answers | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: If show causes not presented by the petitioner after temporary order suspending significant other of a non-custodial

Parent during parenting time but the non-custodial parent in the significant other counter suited show cause to show why she should be allowed around the child and was allowed around the child for 6 months prior to the mother chose to file paperwork should this have been dismissed also when this... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What do I do if I feel my lawyer is not representing me properly?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 11, 2022

The asker can fire his lawyer at any time. The effect on the case could be dire, and the impression on the judge presiding over a case where a litigant does not get along with his lawyer could be disastrous.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: When a mother name her child with the fathers last name and leaves the father part blank on the birth certificate.

Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 9, 2022

Unless the parents are married or if not married they both sign an "Acknowledgment of Paternity" or there is a court order naming the father, the "father has no legal rights to the child.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Judge who signed order was my attorney for a different case and knew the both parties involved. Conflict? Invalid order?

My daughter’s grandmother filed for custody and was granted temporary relief many of reasons given in petition were false. The judge who signed the Show For Cause granting the temporary reliefs, including custody of my daughter, was previously my attorney as a district attorney who represented me... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 5, 2022

There are many convoluted questions here on Justia that give answering attorneys pause, and this is certainly one of them. The call of the question is whether the judge's order is ineffective given the facts of the question. Let's unpack the facts.

The asker's mother lied on...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NY can a parent keep a child from staying at the other's where the separation agreement is just verbal.

We tried mediation and it failed. We both want a divorce but haven't filed yet. We live in the same building for the time being and agreed to have our 13 year old on alternate weeks. Now they are having anxiety issues when with my spouse for more than a couple of days, but he dismisses me... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 26, 2022

If you prohibit him from having parenting time he can file a petition with family court seeking custody and/or parenting time. You also can file for the same relief to address the issue b

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I was granted residential custody in 2020 of my kids and they moved to NY do Jersey still have jurisdiction

My childrens dad still live in NJ he was given custody of the kids on 1/08/2020 because the kids were still residents of NJ. DYFFS then found him negligent and the judge granted me residential custody of the kids. We have been in NY for almost 3 years? Visitation order was dismissed without... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Oct 22, 2022

Custody jurisdiction is based on the residence of the children for the previous 6 months.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there a 3rd party in NY that can supervise a supervised visit with ex & child? Don't trust ex to complete paperwork

TX Custody order, ex moved out of state before supervised visits could be done.

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Oct 21, 2022

Yes there are agencies or individuals who supervise parenting time at least in the upstate region. Depending upon where you live, options are available but some charge for each visit. The benefit is that they provide an unbiased report of the visits if you need for court purposes.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can cps come into your home without permission?

I was in a psychiatric center for depression and when i was talking to the therapist they asked me if i had guns in my home and i said yes because my husband is a hunter. I had a 2 year old at home and when i was in the hospital, the therapist called cps on us and they came and checked our house.... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 8, 2022

Yes it is legal.

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: Can I use photos / text messages as evidence ? Instead of a police report

I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 7, 2022

The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... Read more »

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 3, 2022

You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 29, 2022

Were her rights terminated or did she simply sign over custody in court memorialized in a custody order? Parents’ rights to custody off their child is supreme to anyone provided she shows it’s in the best interest of the child and if there has been a change in circumstances (assuming her... Read more »

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1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 24, 2022

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

2 Answers | Asked in Child Custody and Divorce for New York on
Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 12, 2022

Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I cared for child since moved in my home at week old because mother wouldn't mother lived in home as well she took child

Won't let me see child been 21 days my lawyer hasn't done nothing and childs lawyer hasn't

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 8, 2022

You can a petition in Family Court for visitation

1 Answer | Asked in Child Custody and Family Law for New York on
Q: How extra marital relationship effect for child custody?
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 4, 2022

The fact that your spouse had an extra marital affair does not in and of it’s self render him/her an unfit parent. You should speak to experienced family attorney to determine if there are any aspects of the relationship, or the individuals in particular, that would impact the best interests of... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Looking for a lawyer to represent my daughter. It's a child custody case where the father is a narcissistic
Kevin M. Colwell
PREMIUM
Kevin M. Colwell
answered on Aug 31, 2022

You are well served with an attorney experienced in the area of family law. I am happy to have an intake specialist contact you if you wish to provide your contact information. Message our firm if you are interested in a free initial consultation. This is a common characteristic in many of our... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is this considered relocation with the children without the other parent permisssion?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 31, 2022

If he is taking them to school every day from CT then yes they have moved. If it is only on Monday after a weekend in CT then it probably isn't a move. It depends on where the children reside during the week. On the facts presented it is difficult to give an accurate answer. Speak to the... Read more »

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: My child's mother gave custody to her mother when I went to jail for a month. Shouldn't I have custody now that I'm out
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Aug 31, 2022

If custody was transferred via a court order, you may be able to petition for a modification of custody. It is unclear from your question whether your custody rights were ever terminated or whether mom had sole legal custody and your rights were never affected. There are certain criteria that need... Read more »

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