I filed petition for modification of custody, change of circumstances. Im confident my petition meets threshold to qualify for change. I have joint legal custody with my daughters father, he has residential. The last order was set forth may 2020, Nassau county NY. Since then I have... View More 
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answered on Nov 4, 2023
You can file for an order of protection if you believe your child is in immediate danger. This order can include temporary custody arrangements pending a hearing. Document all instances of denied parenting time and unilateral decisions as evidence. The texts you have can also be submitted as... View More
I have petitioned the court a few days ago for modification of custody order from 2020, however information in regard to the direct form of emotional/mental abuse was brought to my attention by my daughter when I picked her up for my scheduled parenting time. I have evidence of texts. She does not... View More
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answered on Nov 4, 2023
Yes, you can file a family offense petition in New York seeking immediate relief if you believe your child is in danger due to emotional neglect or any form of abuse. This can be done in Family Court. When new information comes to light regarding the child's safety, it is important to act... View More
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More
answered on Oct 25, 2023
While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More
I gave my aunt temp custody the paper that was notarized said until sept 21 or until further notice I checked both boxes because we didn’t know which one we were suppose to check
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answered on Oct 14, 2023
This question address how to construe ("construction" of) an agreement. Although we here cannot see the agreement, we imagine it provides for both contingencies: either the agreement terminates on September 21st, or at any other time presumably sooner than September 21st.
We also... View More
This week my child came home and shared details about an argument she got into with her mother during the week, in which things escalated and put her in a position where she no longer feels safe. We have reached out to the attorney repeatedly and have not received a response. She is supposed to go... View More
answered on Oct 5, 2023
You should immediately reach out to your own attorney who can guide you on what to do. Your attorney should also be able to reach the AFC.
Been married since 2010 to present having endured physical abuse, deformation, parental alienation and ears of narcissistic controlling behaviors, having to endure having numerous affairs, these individuals living in the homes with my children, while the narrative of being a single mother is... View More
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answered on Oct 14, 2023
Unfortunately, America's laws were not written with emergencies in mind. Our current economic situation with core inflation at 5% and rising means were are entering a recession, and jobs are going away, wars are starting up, cost are escalating, and there is no end in sight until a new... View More
The child l resides with the mother
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answered on Sep 13, 2023
In New York, when a child is born to parents who are not married, the mother is typically granted sole custody of the child by default. This means that the mother has the legal right to make decisions regarding the child's upbringing, health, education, and other matters without the need for a... View More
Be settled, what happens if she has no way to serve them
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answered on Sep 12, 2023
In New York, when a grandmother seeks visitation rights with her grandchildren and is required by the court to serve legal notice to the children's fathers, it is essential to address this issue thoroughly. If she encounters difficulties in serving the fathers, she should diligently document... View More
My daughter in law was incarcerated out of state. My son went to retrieve her and my grandsons aunt filed for emergency temporary custody. Son and DIL have joint custody. It was a toxic relationship for 5 years. Mother again was incarcerated in NY. Sole custody was granted 2 months ago. I just... View More
answered on Sep 9, 2023
Critical missing information concerns which state granted the joint custody, and did it still have jurisdiction when a court, if different, granted the aunt temporary custody. That court subsequently granted sole custody to the aunt according to you. You then filed for custody after that. Your... View More
Waited for my public defender to answer but he is not reachable
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answered on Aug 22, 2023
In New York, when there's a court order dictating communication arrangements between parents and one parent is not following the specified terms, it's crucial to take appropriate steps. Begin by documenting instances where the father is initiating calls instead of the mother as outlined... View More
My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More
answered on Aug 22, 2023
How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.
She lives in Dominican Republic and acquired us citizenship through me. I reside NYC. She lives with her mother. She has tried to kill me and has hurt me in various places. Such as stabs, broken nose, broken lip with stitches and broken head with a bottle. She says she doesnt care if she kills me.... View More
answered on Aug 20, 2023
Not sure what you mean by abroad. Does the child live with the mother in another country? What is the New York connection?
Created a custody plan in 2022 as a compromise instead of continuing to seek full custody. Now my ex is saying he doesn't care to follow it at all, and even if I filed for contempt of court, he says "what are they going to do, put me in jail for skipping out on seeing my kid?" He... View More
answered on Aug 4, 2023
You can not force someone to see their child. You can go to court and have his visitation reduced or even terminated. See a lawyer.
It’s been 3 weeks . I sent some documentation with the retainer that had to be reviewed . He was easily reached prior to payment .
how long it usually takes to have initial consult after payment ? I’m not sure if this is normal
answered on Aug 2, 2023
It doesn't sound right. There is usually a free consultation prior to retaining the attorney.
Then, three weeks is far too long.
Consider getting a full refund and retain alternate counsel.
Jack
I bought a new phone for my daughter because her mother has taken hers for over a week now restricting my communication with her. In addition she has blocked my fiance on her phone claiming the child should not be speaking to her since she is not her mother. If we provide and pay for a new phone so... View More
answered on Jul 31, 2023
You are really asking two questions. Can the custodial parent take away a child's phone? And, can the custodial parent rstrict communications with the non-custodial parent? The custodial parent can set rules of their household and has day to day decision making power. If she feels that the... View More
judge has presided over family case for over a year and in post judgement action, which involves a mentally ill defendant the judge recently denied a motion filed by defendant, the defendant then filed a motion for the judge to recuse from further matters in the case claiming bias and an appearance... View More
answered on Jul 31, 2023
This is not a case where the judge is likely to recuse himself or herself. This sounds like an instance where one of the parties is about to become designated a vexatious litigant.
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answered on Jul 26, 2023
In New York, emancipation is a legal process where a minor gains independence from their parents or guardians. To be emancipated, you usually need to be at least 16 years old, and it's a complex legal procedure. However, at 15, it's unlikely that you can get emancipated in New York.
answered on Jul 31, 2023
This is something that family law attorneys would know best. But you await a response for a week. Until you're able to consult with a knowledgeable NY family law attorney, here's a link to a page on this Justia site:
Erie County Legal Aid & Pro Bono Services... View More
Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.
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