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New York Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter n to give her brother power of attorney so he can put her children in school, doctors right away she is in

Ny Children in Atlanta Georgia will the power of attorney papers be okay .

Russel Morgan
Russel Morgan answered on Jan 12, 2022

Yes, though this question is a bit unclear but happy to assist you over the phone or email.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 29, 2021

To begin with, unless there is an acknowledgement of paternity on file in the clerk of the town where the child was born, the father would have to go to court go get an order saying he is the father. Once he is established as the father, he has no greater rights to the child than you do. Based... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

David Ivan Bliven
David Ivan Bliven answered on Dec 29, 2021

First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »

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1 Answer | Asked in Child Custody and Divorce for New York on
Q: What things do I have to change my name with after a divorce?

I just got my judgment of divorce in the mail from the Supreme Court and it states I can go back to my maiden name. I have a custody order with family court that was done before the divorce awarding me custody of my child but under my married name . My question is, when I change my name back to my... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 29, 2021

No - if there is ever a question (which is unlikely) your judgement of divorce shows your married name. Additionally, the children still have the family name.

1 Answer | Asked in Child Custody and Divorce for New York on
Q: What records do I need to change after divorce granting me my maiden name back?

I recently got a judgment of divorce in the mail, and it states I can resume the use of my maiden name which I fully intended to do. have a family court file and family court order awarding me custody of my son way before the divorce. The divorce stated to continue to use that family court order.... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 29, 2021

You do not need to change your name. The divorce judgment gives you the power to do so if you want to. The judgment of divorce is a name change order itself. You do not need to go back to court.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Family law. If there is no court order as of yet, can my grandkids leave county of a visit with their mother?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 20, 2021

If there is no court order, each parent has custody and may go anywhere they wish with the children

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Father of a 4yr old. Child support and custody established to mother. Mother promised to make my life hell for 18 yrs.

I’m seeking full custody of my son. Current on child support with a credit also. Currently have my son 2 days a week. Tried my best to coparent with mother but she has promised to make my life hell for 18 years. What can I do?

David Ivan Bliven
David Ivan Bliven answered on Dec 4, 2021

Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Good evening, I was wondering if it would be easier to file for an uncontested lawyer(k, We know what we want already.

We have two kids also.I’m willing to pay whatever the state recommends for child support

Theodore Alatsas
Theodore Alatsas answered on Dec 2, 2021

Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: my daughters attorney in our battle represented her dad in a separate case prior to and after ours is that a conflict?

And can she get in trouble that she knew this and did not recuse herself ?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 17, 2021

The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a... Read more »

2 Answers | Asked in Child Custody and Family Law for New York on
Q: I am looking to take full custody and residential custody back from my mother. We all live together.

Next year, we both plan on moving and would like to get this done immediately. She does not contest to me having full custody with the residential. How do I go about doing this?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 9, 2021

What needs to be done is the filing of a petition in Nassau County Family Court modifying the old custody order. I suggest that you seek a consultation with an attorney experienced in Nassau Family Court and bring the old order and discuss the reasons for your wish to change custody. If you want... Read more »

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I have a visitation order and would like to know if the order applies to holidays as well.

There is no court order holiday schedule. But order states Parenting Time with child from 3pm to 7pm for 1 month on Wed and Thurs.father will have parenting time picking up the child at 3:00 pm on Wed, returning to school Thurs am, picking up from school Thurs 3pm and returning to school on Friday... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 8, 2021

If there is no provision for holiday visitation and no court order, then the regular schedule remains even during holidays.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: I have a support & custody case in SC and live in NY. The CS was transferred to NY. Can I do the same for custody?

I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am... Read more »

David Ivan Bliven
David Ivan Bliven answered on Nov 5, 2021

The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How do I need legal aid lawyer or numbers to call for legal aid lawyer in Tioga county
Tim Akpinar
Tim Akpinar answered on Nov 1, 2021

This is something a family law attorney would know best, but you await a response for three weeks. Here's a link to a page here on the Justia site for - Tioga County Legal Aid & Pro Bono Services...... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can this be used in a child custody case

Screenshots of old Facebook post from child's father badmouthing the mother calling her names and threatening violence against her example being somebodies gonna blac youngsta my dumbass baby mama and how far back can I go there is years worth of bad mouthing the mother on his Facebook page

Howard E. Knispel
Howard E. Knispel answered on Oct 29, 2021

Evidence of what? I do not see anything that would be deemed harmful to the child, which should be the only criteria.

1 Answer | Asked in Child Custody for New York on
Q: I need a legal aid lawyer to help me with my custody case
Tim Akpinar
Tim Akpinar answered on Oct 25, 2021

This is something that the family law attorneys here could best advise on, but your question remains open for two weeks. Until you are able to reach an attorney who is knowledgeable in this area, you could run some online searches for legal aid or pro bono attorneys. Good luck

Tim Akpinar

2 Answers | Asked in Child Custody and Family Law for New York on
Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 18, 2021

If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is it legal for a judge to continue a custody appearance if I wasn't assigned a lawyer yet?

There was a delay on me getting a lawyer assigned until the day of my appearance. The respondent had his lawyer. I stated that I need a lawyer right at the start but the judge let the other side talk bad about me for awhile and go on with the appearance.

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 12, 2021

Yes, it is legal. Hopefully, once you gain an attorney, he or she can address any prior misunderstandings that occurred at past court appearances when you were not represented by an attorney.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: im 16 year old foster child and need to emancipated. what should i do

i have a foster parent and home life is stressfull.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 7, 2021

Speak to your CPS worker about moving to another home. There are many advantages to staying in the system such as help with college.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: Is it legal for a public defender to represent me when he represented my ex in a case in 2011?

I was assigned a counsel for an article 10 case who represented my kids' father back in 2011 in a criminal case. I feel this could be grounds for a conflict of interest because he may have personal feelings in this case. I wouldn't feel this way if the attorney replied to any of my emails... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 1, 2021

There is nothing "illegal" per say in the attorney's representing you. However, based upon the fact that there is no communication between you and the attorney, you can request a new attorney be assigned.

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2 Answers | Asked in Child Custody for New York on
Q: What can be done if a family court judge fails to issue a decision, in a reasonable time, after a custody trial ends?

In this case the closing arguments were submitted in writing more than 14 months ago. This is a Suffolk County custody case. The parents were never married.

Howard E. Knispel
Howard E. Knispel answered on Sep 23, 2021

Judges are usually given 60 days to issue a decision, however, sometimes they can be tardy. You do not want to push a judge because that could influence a judge negatively.

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