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New York Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for New York on
Q: How do I get full custody of my son and child support from my ex-boyfriend?

My ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 6, 2023

You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex has unsupervised visitation at a specific public place (mall) what happens if my family is at the same place?

My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 1, 2023

If they just happen to be there and do not interfere with the visitation there should be no problem. If they interfere in any way that could be a problem.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Hi, I hired a lawyer in my family court child custody case and now the judge says I am eligible for a court assigned

my attorney says he can't represent me anymore because the court pays little.

Can I pay the difference (credit card debt) if I want to keep her as my attorney

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 31, 2023

Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Received Emergency Custody of 16 year old son. Court suggested I retain an attorney. How do I find the right attorney?

Son was in presence of mother when she overdosed. He had to call an ambulance. CPS contacted me and said file for emergency custody.

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Jan 30, 2023

Finding the right attorney is important. First, you should google Family Law attorneys who practice in the place where the custody is to take place. From there, look at their websites and learn more about the mission and vision of the firm. You should meet with different firms to determine if... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have temporary custody of my 21-month-old son. His mother is allowed visitation that is supervised by a CPS twice week

the mother saw the child on 1/24/2022 and was actively using strong drugs. She was tested and tested positive and now is in a rehab. This has been her MOA since she lost custody in 1/2022. We would like legal advice on getting full permanent custody of the toddler. She has an extensive history of... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 29, 2023

If the child was placed with you under neglect proceedings against the mother, the court will decide if you should be placed with you permanently during the dispositional phase. You also could file a custody petition.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What can I do to keep my grandson?

My grandson begin living with me 1 month before everything closed down due to Covid-19. I applied for Medicaid only for him because my job insurance wouldn’t allow me to add him. He attended 3K at a public school and is currently in PreK. He has some developmental delays in which i had him... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 25, 2023

You will need to file a custody petition in the family court in the county in which you live. Because you are a non-parent you will need to show extraordinary circumstances. The fact that your grandson has lived with you may constitute extraordinary circumstances.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: RE Petition for Modification of Order of Custody or Visitation or Request for Guardianship? - Family Court

I asked for and was given the documents to file to request Guardianship of my grandson, of whom I have joint custody and primary physical residence of currently. It is a lengthy form with a number of questions that don't apply to me. Can I simply Modify the Order of Custody and Visitation to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 23, 2023

You already have joint custody with residential custody. If anything, the proper petition would be a modification though you haven't explained why a modification is necessary if at all.

1 Answer | Asked in Child Custody, Domestic Violence and Libel & Slander for New York on
Q: Custody against an Abuser

I have a custody case coming up at the end of January my child's mother is suspected to be a narcissist I can prove with text messages and recorded phone calls of the abuse she jumps in to relationship to relationship to relationship immediately allowing the new partner to meet our child in... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 6, 2023

You can ask the judge to include a provision in an order that neither parent is to introduce the child to a new paramour until at least six months after beginning the relationship. You would benefit by consulting with a lawyer regarding your case if you wish to obtain custody.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If mom had custody of my son and she recently passed away who has custody of the child
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Jan 3, 2023

That depends upon what the order says. If mom had sole legal custody then the person seeking custody, such as yourself or one of her relatives, would need to file in Family Court for a modification based upon this change in circumstances. If necessary, an Order to Show Cause can be filed for... Read more »

2 Answers | Asked in Child Custody for New York on
Q: If my mom had custody of my child and she recently passed away does the custody go back to me
Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 29, 2022

If there was an order giving your mother custody, you must file a modification petition in Family Court stating your mother’s passing as a change in circumstances. If she was awarded custody on your consent or per court order because, for some reason, you were unable to care for your child at... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: We have questions about relinquishing custody of a 14 year old nephew to his adult siblings.

In August of 2020, my husband and I were given primary physical and joint legal custody of our 12 year old nephew. Both parents were deceased and his two adult siblings asked us to take him as they did not feel equipped to raise him. After two and a half years we feel as though it is time for his... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 27, 2022

His siblings must be willing to assume custody of your nephew. If they are not, the Court cannot force them to take custody. If one of them is willing to assume custody he/she should file a custody petition. If you know longer wish to maintain custody of your nephew and neither of the siblings... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What is the process of getting emancipated at 16 and being pregnant as a resident of newyork?

I’ll be having my Son on the 21st of December, my mother is staying in an assisted living place for homeless people. She is a current addict. My father passed away 6 months ago. He only had temporary custody of me when he passed away. Since he’s passed I’ve been passed from sibling to sibling... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 19, 2022

There is no such process as "emancipation" in any state. Perhaps the real question here is whether there is a process to advance a child's age to eighteen years of age by operation of law: a process to make a child into an adult. That does not exist, and the asker remains a child... Read more »

2 Answers | Asked in Child Custody and Child Support for New York on
Q: Child custody and child support

I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 30, 2022

The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I request a Lincoln Hearing on a custody modification petition appeal??

Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 24, 2022

No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.

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1 Answer | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: What is case law on a non-custodial parents girlfriend being requested to give a hair follicle after already submitting

Drug test by an oasis State facility

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 22, 2022

This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.

There is a considerable body of case law...
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1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for New York on
Q: New petitions have been filed change of circumstances have been filed no initial hearing date for first appearance was

That was postponed to a trial continues to get postponed have not subpoenaed my girlfriend into court but want to question her they have no witnesses they have nobody to testify my girlfriend is supply drug test reference letters certificates custody orders in regards to her own children and they... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Nov 21, 2022

If you are not represented by an attorney, I strongly suggest you consult with one immediately. If you are preparing for a custody trial where certified documents may need to be submitted, it is essential that they are done properly. An attorney can also move the process forward for you. You are... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What do I do if I feel my lawyer is not representing me properly?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 11, 2022

The asker can fire his lawyer at any time. The effect on the case could be dire, and the impression on the judge presiding over a case where a litigant does not get along with his lawyer could be disastrous.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: When a mother name her child with the fathers last name and leaves the father part blank on the birth certificate.

Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 9, 2022

Unless the parents are married or if not married they both sign an "Acknowledgment of Paternity" or there is a court order naming the father, the "father has no legal rights to the child.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Judge who signed order was my attorney for a different case and knew the both parties involved. Conflict? Invalid order?

My daughter’s grandmother filed for custody and was granted temporary relief many of reasons given in petition were false. The judge who signed the Show For Cause granting the temporary reliefs, including custody of my daughter, was previously my attorney as a district attorney who represented me... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Nov 5, 2022

There are many convoluted questions here on Justia that give answering attorneys pause, and this is certainly one of them. The call of the question is whether the judge's order is ineffective given the facts of the question. Let's unpack the facts.

The asker's mother lied on...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NY can a parent keep a child from staying at the other's where the separation agreement is just verbal.

We tried mediation and it failed. We both want a divorce but haven't filed yet. We live in the same building for the time being and agreed to have our 13 year old on alternate weeks. Now they are having anxiety issues when with my spouse for more than a couple of days, but he dismisses me... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 26, 2022

If you prohibit him from having parenting time he can file a petition with family court seeking custody and/or parenting time. You also can file for the same relief to address the issue b

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