Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?
Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.
The fact that your spouse had an extra marital affair does not in and of it’s self render him/her an unfit parent. You should speak to experienced family attorney to determine if there are any aspects of the relationship, or the individuals in particular, that would impact the best interests of...Read more »
My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »
If he is taking them to school every day from CT then yes they have moved. If it is only on Monday after a weekend in CT then it probably isn't a move. It depends on where the children reside during the week. On the facts presented it is difficult to give an accurate answer. Speak to the...Read more »
You are well served with an attorney experienced in the area of family law. I am happy to have an intake specialist contact you if you wish to provide your contact information. Message our firm if you are interested in a free initial consultation. This is a common characteristic in many of our...Read more »
If custody was transferred via a court order, you may be able to petition for a modification of custody. It is unclear from your question whether your custody rights were ever terminated or whether mom had sole legal custody and your rights were never affected. There are certain criteria that need...Read more »
No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.
We had a domestic dispute last fall and she stabbed me. This was in Auburn NY. I have since moved back to the Bronx. She had our baby in June. She is in touch by text with my mom, but not me. She is open to visitation but in March, the judge in Auburn finalized an order of protection for 5... Read more »
You may file for an Order of Custody and Visitation in the County where the child resides if you are listed in the birth certificate. If not, you may need to start with a Petition for a determination of paternity then move on to custody/visitation. While the Order of Protection is in place, you...Read more »
Unless the order states that the children cannot be removed from the country, state, area, etc., there is no prohibition against taking the children out of the country without the other parent's consent. It becomes a problem if the relocates the children to another country permanently.
They are at an age at which their wishes about whom to live with would be given greater weight. However, it would be just one of the factors the court would consider. You first would have to show a change in circumstances, that being the children’s desire to live with you. You then would have to...Read more »
I want the my 2 boys 9&10 to fly on a direct flight from nyc to Houston Texas where I reside . The mother said if the boys wanted to she would be on board . I offered to pay all flight cost and her gas tolls or Am track tickets from Albany to nyc . She now has changed her feelings even... Read more »
I am the custodial parent to my son, and his father is non-custodial. He unofficially takes him every friday from 7:30am until 4:30pm. (This was verbally agreed on, but not filed in our court order). His father also gets visitation on December 23rd at 6pm until December 24th at 1pm.
The signed and acknowledged agreement must do more than give "custody." It must specifically state that relocation is agreed upon, and to bolster its validity, the agreement should include a visitation plan for the stay-behind parent. There should also be a passport authority statement in...Read more »
My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able... Read more »
We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice
Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.
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