Get free answers to your Child Custody legal questions from lawyers in your area.
I'm looking for case laws from the last 10 years in New York and Washington D.C. where the court considered a child's wishes, specifically those above 9 years old, in parental divorce proceedings.
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More 
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answered on Mar 25, 2025
I understand how upsetting it must be to lose temporary custody, especially after having been the primary caregiver for your child's entire life. Regaining full custody in New York after a temporary order has been issued involves demonstrating to the court that a change is in the child's... View More
I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More
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answered on Mar 25, 2025
I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More
I am divorced and live with my two sons and our dog, while my ex-wife lives in a different house. My sons are with me six days a week and have lived with me for more than half of the year. We have no formal custody or support agreements, but my ex-wife wants me to become head of household for tax... View More
In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More
answered on Mar 16, 2025
A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.
I am a 16-year-old U.S. citizen currently in another country. My custody was given to my dad around July, but he does not want me to return to the U.S. due to my past behavior and associations with bad influences. I've been in this country for almost a year, and I'm unsure about the... View More
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answered on Mar 15, 2025
Since you're a U.S. citizen, you have the right to return to the United States, but there are a few steps you'll need to consider carefully. First, try to determine if your passport is still valid or if your father has possession of it. If you don't have your passport, contacting the... View More
I am going through a messy divorce in New York, where my ex-spouse took our child and made false statements against me in family court, claiming abuse and deprivation of basic rights, which were untrue. I have text messages and social media pictures proving otherwise, but I discovered this evidence... View More
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answered on Mar 13, 2025
I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation... View More
In my divorce proceedings, my ex-wife fabricated lies in family court, such as claims of being locked upstairs and deprived of food, despite text messages indicating otherwise. These false claims led to a custody order requiring me to handle all driving responsibilities and a support order that I... View More
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answered on Mar 24, 2025
Dealing with false claims in a custody case can be incredibly frustrating and unfair. I understand your concern about the custody and support orders based on what you believe were fabrications. Your appellate attorney's assessment suggests you might need to explore additional legal strategies... View More
I have been raising a child since birth who is not biologically mine and is now 7 years old. The father has never been involved, and I have the child on weekends with the mother's agreement. There are no formal legal arrangements currently. I believe the mother's house is not safe for the... View More
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answered on Apr 1, 2025
While we are prohibited from dispensing legal advice given the anonymous nature of this web site and the lack of knowledge of the facts, some situations are too important for us to stay silent.
In general terms, New York as well as a majority of the states of the United States push for... View More
I have full legal custody of a child, granted through mediation papers signed by the child's mother and me. I've had custody for over a year and have been in the child's life since birth. However, due to a recent fight, the mother is now withholding the child from me. There's no... View More
answered on Feb 26, 2025
You need to go to court to get a court order. The agreement may be used to show what was previously agreed to but the court can always .modify it based on current circumstances. Talk to a lawyer.
I am involved in a custody dispute with my parents in New York State. They currently have a temporary custody order for my son with liberal visitation granted to me until our trial on March 13th. My girlfriend and I, who are not married, had a fight, and she moved out, but I want to reconcile for... View More
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answered on Feb 24, 2025
The short answer is yes, a family court judge can order couples to treatment as a component of a visitation protocol. The longer answer has to do with the state taking steps to ensure the safety of a child with the parents along with other considerations.
I was granted a stay away order in New York due to visible bruises on my child when they were returned to me. Despite the child having a temporary custody order and an open relocation case in Florida, how do I get the jurisdiction changed from Florida to New York?
answered on Feb 20, 2025
Under the Uniform Child Custody Jurisdiction Act, the residence of the child for 6 months determines jurisdiction.
The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More
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answered on Feb 13, 2025
The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More
I am trying to leave . I don't want to be with him anymore but he won't let me leave.
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answered on Feb 12, 2025
The ordinary method to obtain child support is to move away with the child from the young father and then file in one's local family court. However, there are numerous cases where the parents are still residing together yet a support magistrate granted an order of child support.
The... View More
I am asking as a school administrator. We have a family in a custody battle but both holding current shared custody (every other week) and they each object to who the other has listed as approved pick up from school. Legally, what are we, as the school, required to do?
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answered on Feb 12, 2025
As we do not represent the school, we do not dare render an opinion on this question. The school must go to its legal counsel and ask this question.
As for the parents, neither is empowered to command anything not specifically granted in their order of custody. Moreover, enforcement is by... View More
I was overcharged $2000 in one 3-week period and have been paying for child care my daughters whole life, despite her not having received child care for years. I now have judgements I’m paying and feel I’ve been misrepresented by my lawyers. My last lawyer had me sign a document stating that my... View More
answered on Feb 7, 2025
To be found as wilfully refusing to pay child support, especially by admission, means you repeatedly and unjustifiably were not paying your full child support. You may file for changed circumstances and get the support amount reduced if you are successful, but that will only apply to future... View More
He won’t answer anything. Failed me on trial. Spoke to me once in 7 months. The kids attorney is appointed as well. She is bias and ruining my kids. She hasn’t done one thing in the best interest of the kids. My ex continues to harass and abuse me asked for an order of protection my attorney... View More
answered on Feb 7, 2025
The law provides that up to your full attorney fees could be paid by your spouse if she is sufficiently "monied" to do so in the discretion of the court. I am not sure how you got appointed counsel on a divorce, but absent your hiring one you like, you can represent yourself or raise the... View More
answered on Jan 28, 2025
Assuming the hospital allows visitors, yes, he can have the children visit him at the hospital.
He does not lose his parental rights while he is in the hospital.
answered on Jan 28, 2025
You need to contact both the Judge and the court appointed attorney to explain your situation. If their is sufficient time, the Court may grant you an adjournment. However, the Court may state that it is too late to get an adjournment. A lot of this depends on the Judge and all the circumstances.
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answered on Jan 27, 2025
Get a meeting its important that he prepares for a trial. The issues are contact and activities with children. Who takes them to doctor , who reads with them, who spends quality time with them. This narrative shall be done by by you and MUST be corroborated by independent witnesses. The lawyer... View More
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