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New York Child Custody Questions & Answers

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 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 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 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 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 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 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 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.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on

Q: What are the rules for collecting child support from a father that is unemployed and does not collect unemployment.

There has never been a court order, child support and visitation was paid in mutually agreed upon manner and verbal agreement. Things have now gotten worse and he wishes to seek legal visitation/custody agreement but is afraid the mother will take him to court for child support arrears and claim... Read more »

Lawrence Allen Weinreich answered on Jul 15, 2019

There can be no "back" child support without a court order of an agreement signed and notarized by both parents. Future child support can be ordered by a court and it can do so on his ability to earn not on what he is currently earning if at all.

1 Answer | Asked in Family Law and Child Custody for New York on

Q: can I lose my daughter if I marry someone in jail?

This is hard for me to ask but I have a 4 year old daughter. I met my current fiancé when she was 4 months old. We have been together but a few months ago he was arrested and is awaiting trial. We are planning on getting married soon before his trial and I am scared that her father can use this... Read more »

Lawrence Allen Weinreich answered on Jun 28, 2019

It would take more than what you have included in your post to lose custody of your child.

1 Answer | Asked in Child Custody and Family Law for New York on

Q: state of NY Ex wants me to leave house and will not file for support. what do i need to file in order to see my kids

No violence or anything. i just want to not to be charged as abandoning my kids. Unmarried house is in my name.

Lawrence Allen Weinreich answered on Jun 11, 2019

You should discuss the situation with an attorney ASAP. You don't have to leave the house as it is your property. If you do leave, if you are only looking for visitation, you can file a petition in family court for visitation. If the two of you agree to a schedule to your liking for visitation,... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on

Q: My cousin in law got custody of my daughter in 2012 when I got arrested and incarcerated.. I have been fighting to

Get her back and she is now 14 and she says she don't wanna come with me.. how can I still get her home where she belongs even tho she is staying this to me and the court

Lawrence Allen Weinreich answered on Jun 11, 2019

It is going to be very difficult to do. You will have to have a hearing and be able to show that it is in your daughter's best interest to be returned to you instead of staying where she is. You really have to speak to a lawyer and go over all of the facts of your case to get a better assessment... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on

Q: What do I need to know to prepare for court NYS for child custody if I was unmarried at the time of the child's birth?

My child is 7yrs old. We were unmarried at the time of birth. Her father has had no physical contact since she was 6mo old and the last verbal contact was in 2014. There is an open child support case but he has not made any payments in over 9 months. I am wanting sole custody so that I may make... Read more »

Lawrence Allen Weinreich answered on Jun 3, 2019

Based upon what you have said, you have defacto legal and physical custody of the child as the father has never been part of the child's life. I would recommend that you do nothing until such time as it becomes an issue.

1 Answer | Asked in Employment Law and Child Custody for New York on

Q: If i get fired and i dont know the reason, can i go back and ask why i got fired?

V. Jonas Urba answered on May 28, 2019

Always a good idea. If you apply for unemployment the employer might claim you quit. So make sure you tell the employer this was not your choice and remind them that you needed and wanted the job. Ask why me?

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for New York on

Q: Help, my ex violates the custody order all the time and then when I do not agree to his demands, he calls cops?

Blames me for everything, calls me names, doesn't follow the order, the order his lawyer omitted parts that were agreed upon. My lawyer stopped calling me back, I have tried 5 times since the end of March. Been going through this for 3 years, our son is 3 1/2, I get followed by his father and who... Read more »

Lawrence Allen Weinreich answered on May 22, 2019

If he is following you around (need to have dates when you saw him) and he constantly calls cops when you don't agree to his demands, you probably need to file for an order of protection. As for omitted parts of an order, if the agreement was in court, you can get a transcript and refile the order... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on

Q: my grandson has lived with me for 2 1/2 years. He is 17 1/2 years old. Can he live with his dad now? I'm in agreement

My daughter is on drugs, had 3 CYS cases opened and closed on her, I moved to NY and she gave me guardianship over him. my son in law had a PFA on him which had no basis, it is over now. My grandson wants to live with his dad and I am in agreement. She lives with a drug dealer most times in filth... Read more »

Lawrence Allen Weinreich answered on May 17, 2019

To begin with, you should know that when your grandson turns 18 the NY courts cannot grant custody orders. In essence, an 18 year old can live with whoever they want. As the child's guardian, you can allow him to live with his father now or just wait until the child turns 18 when he can just go... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on

Q: I am a grandparent of a newborn, both parents are mentally ill.Can I file in family court for visitation?

My son is schizophrenic and his girlfriend also has a mental disorder and she is also an addict. I was able to visit with my newborn grandson on Monday evening when I spent time cooking my son's girlfriend dinner in their apartment in Oneonta and my grandson Jayce was there also. Upon returning... Read more »

Lawrence Allen Weinreich answered on May 16, 2019

Grandparent visitation is available in New York if you meet certain criteria. You have to show that you had a relationship with the child or you attempted to have one but the parents didn't allow it. I suggest you consult an attorney to discuss all the facts of your case and to prepare the Family... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on

Q: I’m from N.Y Can I leave with my kids before filing for divorce or is it considered abandonment? I’m a stay at home mom

I want to move out of our house before filing for divorce. Would that move hurt me in the long run? I’m taking the kids after they’re done with school in June. Please help.

Lawrence Allen Weinreich answered on May 3, 2019

It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down... Read more »

1 Answer | Asked in Child Custody and Health Care Law for New York on

Q: Am I forced to have a procedure done on my child who already has shown improvement in health without this procedure?

My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... Read more »

Nina Mironenko answered on Apr 24, 2019

Absolutely not. Get your child's pediatrician on your side and have her/him provide documentation of your child's improvement.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on

Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?

My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »

Christine Moccia answered on Mar 10, 2019

Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com

1 Answer | Asked in Child Custody and Child Support for New York on

Q: No custodial parent and equal nights in the court order but one parent only chooses to see child 4 nights of 28 a month?

Who would pay support in this case?

Nina Mironenko answered on Mar 7, 2019

The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.

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