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New York Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for New York on
Q: How far can I move without the father’s or court’s permission in New York? I want to move far before filing for custody.

I’m currently living in Long Island and my sons father is a drug addict and relapsed after 8.5 years clean. He wants me to move out and stay local so he can have a relationship with our son. I have other plans. I want to move as far as legally possible (specifically Staten Island where I will... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Oct 16, 2019

That is a complicated issue. I would suggest you read the NY Court of Appeals case Tropea for guidance.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Shared legal and physical custody already in place Saratoga county NY. Mother arrested second time for intent to sell

Cocaine. She has bail hearing tomorrow what can I file in family court to keep kids out of house?

Kids not present during arrest. 2 class B felony charges possession and intent to sell she already had 3 year sentence for same as above but did boot camp and released early parole for... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 2, 2019

The only thing you can do is file for a modification of the custody order asking for full custody of the children. You should see a lawyer and go over all of the facts to see what else you can ask for such as supervised visits if appropriate.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Bad situation with ex fiance advice needed, up state newyork

I am from the UK , for last 4 years I have been engaged to a girl from New York. Iam not a USA citizen. After what I thought was my child was born in Utica NY I got cancer and have been between the UK and usa. She tells me our daughter isn't mine during an argument. Nearly 3 years down the line,... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 26, 2019

If in NY you can advance the argument of estoppel and you should also seek a DNA test in a Paternity action

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2 Answers | Asked in Child Custody, Child Support, Family Law and Federal Crimes for New York on
Q: I was living with the child for two yrs. Found out it was mine. Then had to pay 10gs, along with support living there.

We had a child. She was on DSS for awhile and I joined with her. We had a kid but she told me it might not be mine. It's my first so I didn't know what to do so I stayed. Found out two years later it was mine. Then hit with a ten grand arrears and had to pay child support living with them. I don't... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 20, 2019

I would suggest that you negotiate with DSS

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Child Custody Laws Between New York and California

If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 12, 2019

You should first speak with a California attorney

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can an Indiana family court judge order hair and nail drug testing without proof?

The judge does not have jurisdiction to modify, just power to enforce.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 11, 2019

This is not a NY question you need to post this as an Indiana state question.

2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?

The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.

What would happen to the kid after the mom’s dead? How would the father establish his paternity... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Sep 10, 2019

He needs to file a Petition

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1 Answer | Asked in Child Custody, Child Support, Divorce and Immigration Law for New York on
Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.

I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 5, 2019

This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What do I have to do just fire them
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 29, 2019

If you have a paid lawyer, you can discharge them. An alternate way is to retain another attorney who will have you sign a form called "Consent to Change Attorney" which the new attorney will also sign and forward to the old attorney who will then sign the document. That is then filed with the... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Do u have to go to the judge to fire the payed lawyer or can I just show up at court with a new lawyer
John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 29, 2019

You need to have a consent to change attorney form signed

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: Do I have to do the same thing if it's a payed lawyer?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 29, 2019

What is the whole question regarding a lawyer?

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2 Answers | Asked in Family Law, Adoption and Child Custody for New York on
Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years

I feel as though she isn't really helping me

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 29, 2019

You can request that the court appoint a new attorney for you but you need to have a good reason. That you feel that your current lawyer isn't really helping you probably won't be good enough for the judge. You might be better off sitting down with your lawyer and discussing your feelings and... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Why is the court system doing this?

I live in NY and I didn’t show up to court 3 weeks ago because the custody matter that I petitioned Against my daughters father didn’t matter anymore. The law guardian never liked me for no reason. The judge gave temporary custody to her fathers aunt (not blood related). And put and order of... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 27, 2019

Based upon what you said, there was a court date and you didn't appear. You may have thought that the petition you filed didn't matter but you didn't withdraw it which meant the case was still on the court's calendar. On top of that, there may have been other proceedings going on. Once you... Read more »

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4 Answers | Asked in Tax Law, Divorce, Family Law and Child Custody for New York on
Q: My husband has been hiding income, rationing me for years, and has cut me off financially several times.

He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2019

Based upon what you have said, you would have grounds on the basis of fault. However, there is no need to go that route anymore. New York enacted "No Fault" divorce several years ago. All that is necessary to be alleged is that there is an irretrievable breakdown of the marriage for 6 months or... Read more »

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1 Answer | Asked in Child Custody for New York on
Q: Will I go to jail or lose custody if I fail to go to court against a grandmother?

I recently moved out of state. my twins paternal grandmother of my 8 year olds who has no visitation or anything. She just got out prison after doing 5 years & is on parole & doesn’t really know my daughters. She wants custody/visitation & has never been involved in my kids life. Only one month... Read more »

Nina Mironenko
Nina Mironenko answered on Aug 14, 2019

You should have received a notice with the petition that you can appear by phone. Follow the instructions for that, or if you did not receive the notice, then call the court and ask for the instructions.

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: What are my options?

My sons father has not paid his court ordered child support payments in two months, what are my options? In addition, he has moved upstate NY and didn't provide me with an updated address. Per our visitation order, he was suppose to notify me. What are my options?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 13, 2019

You can file a violation of support petition. As part of that application request that he pay via income execution through the support collection unit. you can also refuse to allow visitation until he gives you his new address and you can file a violation petition in regard to the visitation... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: What could happen and should I put a stop to child going to grandparents

I have 4 kids my frist child has been going to my bio parents since she was born lived there for the frist2 1/2 years of her life my boyfriend now has an issue that the bios dont get the other children and never have and wants me to put a stop to the 8 year old going now what's ur thoughts. The... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Aug 11, 2019

I would urge you to do what you think is in the best interests of your children

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can an agency change a visitation from my mom supervising to saying that she can't supervise without court order?

Court ordered my mom to supervise my visits and due to the heat lately my son gets red ears, red face, he was running in the park. My mom shows affection like tickling and nibbling my kids ears because she loves them. Never will she hurt my kids. Now the agency and foster parents(other GMA) is... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Jul 30, 2019

The Agency can do it if they feel the child was at risk however should follow up with a modification of the court order.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: How can i file contempt on my ex husband for not letting me see my son while im in another state

my son is 8 i had him most his life his dad was big on drugs etc i thought he had cleaned up his act but he hasnt i am not sure what to do he is barely letting me see him or talk to him and my son says he hits him... im worried scared and im in NY due to some stuff ill be moving here and want my... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

You file a petition in family court in the county where your son resides (Cattaraugas County). But which petition? If there was no court ordered custody arrangement, you file a petition for custody/visitation. If there was a court order (or it's contained in a divorce decree) you file a petition... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: Can my wife take my rights from me concerning our 3 children if they are not biologically mine?

We have 3 children age 7 and under that are not biologically mine but I am on their birth certificates and have taken parental responsibility for them from before they were born. All of them were conceived and born during our marriage. I did not have a part in their conception, that was done in a... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 21, 2019

Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.

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