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New York Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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1 Answer | Asked in Child Custody for New York on
Q: how to file child custody for the first time? is it legal to hold on to visitation while filing for custody?

when there is conflicts and threats can I hold on to the visitation right until resolved by court.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 16, 2024

If there are no court orders of custody or visitation then both parents have equal rights to both. If there is a dangerous or unhealthy sitiuation then withholding visitation, if in the child's best interst, might be advisable but a custody petition should be immediatly filed.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: one parent moved out of state (New York) before the custody filing. How does this affect any custody arraignments?

How does one parent request a home study of one parent living outside of New York if it's suspected that the living arrangements are unacceptable and there may be child to child abuse?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2024

There is not enough information here to cogently answer this question. We are not told when the child left state #1 to state #2. We are not told which of the two states the custody filing occurred.

The duration of the child's absence from a state makes all the difference to the success...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: How does a judge know if crossmotions i was “served in hand” in court by opposing counsel, match the filings w/clerk?

I’m a pro se litigant in what seems to be a black hole of judicial laziness and systemic coercive control. Opposing party narration of “monster-mom” by my ex/his counsel/AFC; with ongoing slanderous lies against me &not a shred of “evidence”(doesn’t exist).i reside in PA;... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

The biggest mistake a litigant can make in a modern court of law is to fail to retain an attorney for her case. If not for the filings and trial, the pro se litigant requires an education in the folkways and mores of the modern American court.

This question highlights the naivety of the pro...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I'm in the process of going to court and asking permission to move out of state with my daughter.

What do I need to show that moving is in her best interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

We by no means can provide legal advice in particular cases. We are not the attorney for the asker and we know none of the facts. The New York court system is not an apparatus where one pushes a button and gets results as is the case, for example, in Pennsylvania. We here are an educational medium... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How would one win a relocation case? I'm hoping to move to Florida with my daughter.

I have full custody of my daughter. Her mother has returned after being out of her life after 8 years. My daughter is now 12.

Howard E. Knispel
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Howard E. Knispel
answered on Feb 3, 2024

You need to go to court for a relocation modification case. You need to show that moving would be beneficial for the child.

0 Answers | Asked in Family Law and Child Custody for New York on
Q: I'd like to take my daughter and move to FL. What is the best way to win such a case?

I have full custody of my daughter and her mother hasn't been in her life for at least 7 years. My daughter is 12 now. My daughter and her mother isn't close.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: Fighting for paternity. Mother of .my child had another man sign the birth certificate

She had another man who is in no way possible the father of my child sign the birth certificate. I've filed for custody but im not sure what to expect. She's also married to someone else.

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

With the facts as you state them, you need blood tests as a threshold . You must first prove you are the father. A DNA test of mother, father, and child will reveal positively your Paternity of the Child. Once the paternity is established you have standing to petition for Custody. You will have... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.
Tim Akpinar
Tim Akpinar
answered on Jan 28, 2024

I'm sorry for the disabled person's ordeal. Until you are able to consult with an attorney who specializes in ADA rights, here is a link to the website of the New York State Unified Court System that could hopefully be a starting point - ADA Accommodation Request Process -... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: ADA rights for blind mom in Cty court requesting braille documents
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More

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1 Answer | Asked in Child Custody, Civil Rights, Communications Law and Family Law for New York on
Q: Blind mom in custody case in Wayne county family court, NY. Requested to have documents brailled.

Like court orders, letters, etc. 2 years into case and still no accommodations. Court said they aren’t responsible

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

In your situation, it's important to know that federal law, specifically the Americans with Disabilities Act (ADA), requires courts to provide reasonable accommodations to individuals with disabilities, including those who are blind. This often includes making documents available in Braille or... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I am filling out an emergency hearing for custody. The original case was filed in fl. The kids live in ny now. We are f

Filling out the jurisdiction affidavit to file in ny. The affidavit gets filled out to ny? Yes/ no?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

We are not certain what the asker means by a "jurisdiction affidavit." If he means a form UCCJEA-3, then certainly this form is filed with a New York family court as part of a modification petition of a foreign state's custody order.

The asker must be aware that the UCCJEA is...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I’m looking for a good legal aid attorney to help me with custody for my two nephews who are 5 and 3 years old.

They are being physically psychologically and enotionally abused and neglected by their mother and they currently live under my roof. Cps has been involved but they are closing the case and saying it’s unfounded even with evidence in picture and video footage. I have a picture of he whole hand... View More

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2023

The child custody and family law attorneys here could advise best, but your question remains open for a week. Until you're able to consult with someone knowledgeable in the field, here's a link to Justia's resources for New York City Legal Aid & Pro Bono Services...... View More

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I am the non-custodial parent, can I still REGISTER my custody order (NY) with the court in the state I reside(PA)?

Current custody order originating jurisdiction is Nassau county NY, I reside in the Commonwealth of Pike County PA. I would like to REGISTER my current custody order in the event it requires enforcement. Court order: JOINT LEGAL CUSTODY, Father= physical custody (NY), I have visitation (making me... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 18, 2023

You can register the order but the PA courts won't have jurisdiction as the children reside in NY and anything related to custody/visitation will take place in NY as long as the children reside here.

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.

I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?

Michael J Stachowski
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answered on Dec 16, 2023

This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it a violation of custody order if one parent purposely excludes the other parents info on therapy info forms?

Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the... View More

Michael J Stachowski
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answered on Dec 16, 2023

This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I asked a pediatrician to note in my daughter's medical record that her mother was breastfeeding her while drunk.

I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the... View More

Peter Christopher Lomtevas
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answered on Jan 1, 2024

Rigging a family court case against the opposing parent is a very dangerous step to take in a quest for the custody of a child. This question shows how the asker plotted with the child's pediatrician to set up the mother in a future custody case. The pediatrician's defense if any will be... View More

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for New York on
Q: Complex question in regard to citing case law on my affidavit in support of petition to modify custody & OSC filings…

In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More

Peter Christopher Lomtevas
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answered on Jan 1, 2024

This rather convoluted question points out quite simply that New York does not list factors for courts to use to determine either initial awards of custody or modifications to custody. Other states do use listings of factors that their appellate courts required in all orders of custody. New York... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can my daughter move out at 17 with out dads consent?

She wants to live with mom and is scared to go back to dads cause of abuse

James L. Arrasmith
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answered on Nov 28, 2023

In New York, the legal age of majority (when a child is considered an adult) is 18. However, the situation you described involves several complex issues, particularly around child custody and potential abuse. Here are some key points to consider:

Child Custody Agreement: If there is a...
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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can i take my kids mom to court for not telling me she was in treatment

My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More

Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023

The use of drugs and alcohol can affect the entire family; however, the impact of parental alcohol or drug abuse can be devastating to a child. In cases involving children, the court’s objective is to come to a custody arrangement that is in the best interest of the child. Parental substance... View More

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