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New York Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is Sunday included as part of a "Friday through Sunday" parenting time schedule?

The schedule reads as follow:

Week 1 - Monday, Thursday, Friday through Sunday

Week 2 - Monday, Tuesday, Thursday

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

2 Answers | Asked in Child Custody and Divorce for New York on
Q: My husband and I would like an amicable divorce
David P. Badanes
PREMIUM
David P. Badanes
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.

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1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: How do I get my child returned to me from nys foster care?

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

0 Answers | Asked in Child Custody for New York on
Q: hope this message finds you well. I am writing to seek your feedback and guidance regarding the legal strategy moving

hope this message finds you well. I am writing to seek your feedback and guidance regarding the legal strategy moving forward, in light of some recent developments and concerns related to my previous attorney's handling of our case.

There were substantial issues with the former... View More

2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

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0 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Unsupervised visitation with someone who verbalized a hearing impairment and has had very limited contact with child ?

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

0 Answers | Asked in Child Custody and Child Support for New York on
Q: Can I locate each Defendent and deliver a package for them regarding an update of this case? Answer yes.

Can I add J.P. Morgan and Chase as defendant and also EBT CARD EMPLOYEE at HRA a Defendant'? Answer yes.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: If my daughter’s Mother take her away from me and cuts communication to me what can I do?
Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have 50/50 custody and full decision making and full residential for the kids. What things can I say no to

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?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Elder Law, Family Law, Child Custody and Child Support for New York on
Q: How do attorneys specializing in family law find and retain the services of Spanish interpreters?

Asking as a NY Court certified Spanish interpreter available for 722-C assignment.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?

What recourse do you have to ensure you still have access to your children?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My ex wife in Texas has filed to terminate my parental relationship with the tow children we have together. I need help.

I don't know what my options are or how to file my response. I have 20 days to respond.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,...
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2 Answers | Asked in Child Custody and Divorce for New York on
Q: What is the process for divorce with children involved and custody arrangements

Currently married but might look to divorce and need to know about custody steps

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter lives with my grandmother in Lajas, PR. She wants to move back with me to new York when she turns 18 next

Year. Can she just leave or do I have to go to court for custody even though she will be 18?

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: I and my spouse have custody of my nephews and we split up do I automatically get joint custody with primary residency

Of my nephews since they are legally my blood relatives

Howard E. Knispel
PREMIUM
Howard E. Knispel
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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I need to remove my husband's parental rights, he disappeared from our lives 10 months ago, but I'm currently in Europe.

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

Said Ibrahim
Said Ibrahim
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

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Are parents required to pay out of pocket for their child's college tuition? This was not in the custody agreement

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for New York on
Q: Do I need to go to court to take my 17 year old sister with me to Florida from NY?

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.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 19, 2024

If she needs to register for school before 18, you need to be her legal guardian.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Teen is refusing visitation? Even if I show up to drop off and teen does not comply, can I be held in contempt?

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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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