Get free answers to your Child Custody legal questions from lawyers in your area.
Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?
answered on Dec 19, 2024
Accuse you of what? I assume there is no court order forbidding this. You are returning with the children. You are doing nothing "illegal" or "unethical". You are their parent. Unless your relatives are a danger to the children I see nothing wrong legally.
I only get to see my daughter from Monday to Thursday from 2pm to 530pm for after school care
answered on Dec 12, 2024
Do you have a court order with your visitations spelled out? If not you need to get one. If you have one and want more time, do a modification petition. You can go to Family Court. See a lawyer.
It’s a long story still going to court. Need a probono lawyer, who does them?? Please I’m going insane with out my kids. I havnt even been heard in court. Law guardian nvr even contacted me nvr has talked to me. How??!
The schedule reads as follow:
Week 1 - Monday, Thursday, Friday through Sunday
Week 2 - Monday, Tuesday, Thursday
answered on Nov 16, 2024
The child(ren) would need to be returned to the custodial parent on Sunday. If there is no time indicated, then it would normally be a reasonable time based on age.
answered on Nov 11, 2024
If you are located in Suffolk, Nassau or New York City, I can help you. Please email me at david@dbnylaw.com.
I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met... View More 
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answered on Nov 14, 2024
Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until... View More
My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More
answered on Nov 6, 2024
Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.
My son's father is not on child support and left NY in 2021, permanently, for a truck driving job across the country. He has requested visits randomly and has been allowed to see his son at my home, in the part, or play areas as well as sporadic phone calls. There is not a custody order but I... View More
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answered on Dec 5, 2024
The typical father will get roughly half time with his child. Impediments include criminal convictions and child abuse findings where the father hurt the subject child. Otherwise, there is no reason to withhold the child.
Hearing impairments are irrelevant. Limited contact is irrelevant. As... View More
answered on Oct 21, 2024
You need to file a petition in Family Court. If there is already a custody order you could file a violation. If there is no order in place you can file for one now. Talk to an attorney.
What am I allowed to say no to with out getting in trouble. Do I have to let other parent talk to the children during the week. I let the other parent see children just not when ever the other parent would like. Due to having other plans and children wanting to see other family, is that okay?
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answered on Oct 15, 2024
We frequently get these questions that involve the "construction" of family court orders. The word "construction" means to construe, to analyze an order. We cannot construe this asker's order because we do not see it in its entirety. However, we can take a stab at the... View More
Asking as a NY Court certified Spanish interpreter available for 722-C assignment.
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answered on Oct 10, 2024
Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More
What recourse do you have to ensure you still have access to your children?
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answered on Sep 27, 2024
Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More
I don't know what my options are or how to file my response. I have 20 days to respond.
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answered on Oct 15, 2024
The asker omits much information in an otherwise broad question. The asker needs an attorney for the best answer.
Texas is one of the states of this union that allows a parent to sign away their parental rights to their child. New York has no such law. Texas Family Code, Chapter 161,... View More
Currently married but might look to divorce and need to know about custody steps
answered on Sep 13, 2024
Custody can be addressed in the Divorce case or you can file for custody alone in Family Court. Speak to an attorney.
Year. Can she just leave or do I have to go to court for custody even though she will be 18?
answered on Sep 14, 2024
The courts have no jurisdiction over custody for a child over 18. You can not go to court for this. As an adult she can come live with you without any court intervention.
Of my nephews since they are legally my blood relatives
answered on Aug 31, 2024
Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More
My husband decided to go AWOL 10 months ago, our kids are still minors and we had signed (via notaries in NY) a mutual separation agreement where he gave me full legal custody, prior to us leaving the US. I just need to legalize that with a court decree and remove his parental rights, since I... View More
answered on Jul 23, 2024
Were you married in New York? Based upon your answer there are several jurisdictional and service issues that will likely require you to hire a lawyer to help consult with on the best state, county, and court to file in, and how to properly serve your husband either personally, or with alternative... View More
At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More
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answered on Jul 21, 2024
This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More
I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.
answered on Jun 19, 2024
If she needs to register for school before 18, you need to be her legal guardian.
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.
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