Get free answers to your Child Custody legal questions from lawyers in your area.
I believe the father contested the determination but no response from Judge after that. What can I do?
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answered on Jul 7, 2023
If you have filed for child support and have not received a final termination by the Court in Manhattan, it is recommended to follow up on the status of your case. You can contact the Clerk's Office of the court where you filed the case to inquire about any updates or next steps. They should... View More 
I have an 11 y/o daughter in joint custody with the birth mother.
My girl is seeing a therapist who was agreed upon by both parents.
The mother has attempted to stop the therapy using various specious arguments, which have failed.
Her latest is that the therapist once (over... View More
answered on Jun 29, 2023
I would say yes. it is a conflict, and I would make a motion to disqualify the therapist. of course, the judge has the last say, but I feel strongly enough about this that I would appeal it.
My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).
When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More
answered on Jun 23, 2023
This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More
I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.
answered on Jun 22, 2023
Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.
Supreme Court judge called a “conference” because my ex’s attorney sent him an email/letter requesting his intervention in the choosing of our children’s pediatrician. The letter had specific requests much like a motion would but it was just a letter.
At the conference, the judge... View More
answered on Jun 29, 2023
A Judge has the ability to calendar a case whenever the Judge finds good cause to do so, but it has to be on notice. If the orders include custody decisions and or visitation issues without a hearing, you most likely have an appealable issue. you must file an emergency motion with the Appellate... View More
When I was with my ex girlfriend she was sleeping around with another guy and she got pregnant. She told me that the child wasn’t mine and she put the other guys last name. Now after 13 years she wants a dna test. What can I do to avoid going to court.
answered on Jun 13, 2023
Unfortunately, there is nothing you can do to stop your ex from filing papers in court. However, this may be a case for equitable estopple to prevent you from having to pay child support. You need to speak with an attorney about the facts of the case and to represent you if this does go to court.
my dad hasnt been in my life for years he just recently came back. i dont feel safe at home with my moms new boyrfriend
answered on May 30, 2023
"Illegal"? It would not be criminal but your mother has legal custody. Your father would have to file a petition to modify the custody order. At your age the court would consider your opinion, but it is not dispotitive. There are several factors the court would consider. Your father... View More
My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... View More
answered on May 24, 2023
Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More
I have court ordered custodial rights with my daughter, her father has a minimum of a year supervised visitation, we have joint custody. He has recently moved another woman into the house where we meet for visitation. Of the 3 times she has been present during visitation she has destroyed furniture... View More
answered on May 16, 2023
Yes. You can ask the judge to order that she not be present during the visits. Also, you might want to consider doing the visits elsewhere or have a third party supervise the visits.
She has residential custody but they share responsibility for every other aspect pertaining to his kids..before eastet their oldest daughter who is 11 came and told us how the mother whipped her with a belt and left a mark and the mother basically bragged about it later that night to both of... View More
answered on May 7, 2023
He has to file a petition to modify custody. Contact a family law attorney.
In trial for custody and relocation father not present for 6 months at a time and on and off for the past 4 years
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answered on May 2, 2023
This question relies on the premise that all judges throughout New York State will rule the same way given the same facts, and that is not the case. Differing judges will consider domestic violence to varying degrees: some will take a hard line approach, while others may not consider it at all.... View More
I have been married for 10 years but we have been separated since shortly after we got married. She took off with our child and moved out of state 10 when we first got married.
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answered on Apr 27, 2023
I'm sorry to hear about your predicament. You should try the Columbia County Legal Aid Society: https://www.lawhelpny.org/organization/legal-aid-society-of-northeastern-new-york-al
The custodial parent refuses to allow family therapy and has been very uncooperative . Visitations with my 11 yr old child have been very challenging ending in constant arguments and shortened to avoid further distress to my child and myself. Counseling would be beneficial to strengthen our... View More
answered on Apr 21, 2023
You can certainly ask for it. The court must do what is in the best interest of the chilod and if fgamily counselling is best for the child then it can order that. You should speak to an attorney.
My daughters father was appointed a public defender that works very closely to the referee assigned on our case. My daughters law guardian and my attorney as well as ACS believe our child should stay with me. However, the referee blatantly disregards the ACS report and will not grant our request to... View More
answered on Apr 20, 2023
Just because the Referee and the court appointed counsel for the father know each other does not mean there is any conflict. Since court appointed counsel appear frequently of course they are familiar. You have an attorney so you need to address your concerns to your attorney.
answered on Apr 20, 2023
The Dept of Social Services must investigate whether there are any suitable relatives who may take custody of the child. If there are none, the child will be placed in foster care.
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answered on Apr 11, 2023
The State Department is going to require some additional documentation to establish that you have the right to sign the form without the other parent, if you cannot get the other parent to write an affidavit (signed and notarized), you will have to provide the court order and other documents... View More
I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More
answered on Mar 19, 2023
First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More
My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... View More
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answered on Mar 21, 2023
A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... View More
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