Lawyers, Answer Questions  & Get Points Log In
New York Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is in an abusive relationship. She has an 10 yr old daughter that's not the boyfriend's but has a

3 month Old son with him. She wants to leave and come home with me. He said he'll call the cops and CPS if she does. Because I don't have an actual bedroom for the daughter or baby. Does that matter? It would be temporary til I can get her somewhere else to live. She doesn't have a paper trail... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 17, 2020

Your daughter can move in with you. The police will not do anything except tell everyone to go to Family Court. CPS won't get do anything unless the children are in danger. Your daughter should move out and immediately go to Family Court and file a Family Offense petition and ask for a stay-away... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Hello I'm married currently and I'm uncertain if its leading in a near soon divorce.Iam also pregnant and my husband

Is denying our unborn child and refuses to sign or appear in court for paternity can I Savage DNA as proof for child support in the near future

Howard E. Knispel
Howard E. Knispel answered on Mar 17, 2020

The legal presumption in New York, that any child conceived during the marriage is the child of the husband. Unless he brings a paternity action to rebut that presumption, he will be, under the law,. the father of the child. You do not have to do anything. As soon as the child is born, he will be... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year year old son.

Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year old son. I am interested in filing for uncontested divorce and i do want to include child support into the divorce proceedings. My husband already has a child support case for his 14 year old... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 11, 2020

You ask many questions and really need to sit down face to face with an attorney to get the best answers based upon the facts of your case. In regard to a divorce, the divorce includes custody and child support as part of the proceedings. Depending on the judge, you might be able to get temporary... Read more »

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for New York on
Q: How does a lawyer ensure an abusive mother doesn’t obtain custody

HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2020

If the father files for custody, the court will appoint a lawyer to the 16 year old who will represent him at all stages of the proceedings. That lawyer will tell the court who the 16 year old wants to live with. The judge will also speak to the child in her office (chambers) to see what the... Read more »

View More Answers

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for New York on
Q: How does a lawyer ensure an abusive mother doesn’t obtain custody

HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed

Howard E. Knispel
Howard E. Knispel answered on Mar 5, 2020

First, let me say the employment status of the mother is irrelevant. However, a 16 year old hgas alot of say in who the custodial parent will be. The court can appoint an attorney for the child who can voice his preference to the court and the court can even have an interview, in the Judge's... Read more »

View More Answers

1 Answer | Asked in Child Custody for New York on
Q: I was issued a subpoena to attend and present records in a custody battle for one of my students. The attend the trail

And was sent home Bc the judge was sick and they had to reschedule the hearing. My question is do I have to appear on the new trial date which was sent to me via text message

Howard E. Knispel
Howard E. Knispel answered on Feb 26, 2020

If a subpoena requires attendence, it does so on all adjourned dates. Are you sure it requires your attendence and not just the certified records? Often when we want records admitted and we do not need addiitional testimony, we issue a Subpoena Duces Tecum which only requires attendence if the... Read more »

1 Answer | Asked in Child Custody for New York on
Q: My brother has a girlfriend who is 7months pregnant with his child. She’s from Russia and she bought a plane ticket.

She’s going back to Russia tomorrow. She has an expired student visa and most likely not coming back to the states. Can he do anything to stop her from leaving with his child

Howard E. Knispel
Howard E. Knispel answered on Feb 24, 2020

Since the child is not born there is nothing he can do from a Family Law perspective.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: With evidence of alcohol abuse, mental problems, drug conviction, domestic violence, can visitation be denied?

I have a 5 year order of protection, he also physical abuse me while the baby was present, he has not paid child support and he hasn't had any contact with the baby since she was 6 months of age. I think at this point that relationship will affect her development.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 24, 2020

Visitation is a right of the parent AND the child. Unless the child has been abused or is in danger, visitation cannot be denied. However, it can be supervised, meaning the parent with the problems will not be left alone with the child at any time.

View More Answers

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I live in NY and my daughter lives with her dad in PR, how can I go about getting visitation and custody?

She’s lives with him for almost 10yrs, she’s turning 12. She lived originally with me here in NY when she was a baby but due to certain circumstances it led to me speaking help in PR from my mother and due to a hurricane my daughters dad asked to keep our daughter so that she wasn’t staying... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 5, 2020

Since the child lives in PR for the last 10 years, you would have to file for custody and visitation in PR. You may be able to appear by phone if the court allows it after filing the papers. You should speak with a Family Law attorney in PR.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do you... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

Disclosure of all assets is mandatory in all divorce actions. There is no way around this. If some of the money was yours before marriage that may be separate property that your husband can't get but is still has to be disclosed. You should retain an attorney to help you.

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: i am a minor and i have an order of restriction against my mother its currenly been a year when will i be able to se her

my father has full costudy of me and i am only 15

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 20, 2020

Without seeing the order it is impossible to say when it ends. However, the order should end no later than your 18th birthday.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: Divorcing my wife who I had a baby with. She's threatening to show Judge a video of me with a Knife from last year.

When I moved to a new state. I reconnected with my ex girlfriend who I still loved. I used my savings to help her move across the country with me (flights, car shipping, etc.) We discussed for her to get acclimated with the new city and then find a job to start helping contribute to our household.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 16, 2020

The video may have an impact but you will have rights no matter what.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: My son is 9.and on 1 a month visatation with his grandmother.what age can he stop going on these visatations?

Have filled court papers

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 13, 2020

Unless there is a court order directing the month long visitation it can be stopped whenever you want.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Does parental fitness have to be determined first before 50/50 custody can be determined? Is that Due process?

A fundamental right of a parent/father is to have 50/50 shared custody , equal protection under the law,the 14th Amendment.

So for a judge to deny a father 50/50 shared custody,once he has accommodations and a schedule to accommodate his child or children; shouldn't there be a fitness... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 6, 2020

Shared custody 50/50 (residential) is something you get only under the right circumstances. The best interests of the children control and that takes into account many things. Shared decision making is something that is granted more often.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: what can i do to see my child while father has temporary physical custody?

I have physical custody in my divorce decree issued in NYS in 2017. I moved this past summer back to NYS with my son and had a verbal agreement with his father that he will enroll him in school in Brooklyn and have physical custody until Feb. His father is now not allowing me to contact him or... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 31, 2019

File a visitation Petition

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I sue someone for humiliation on and off Facebook?

My sister has a lady telling people that my sisters child belong to her and that she has video evidence of the baby kicking in her belly. She’s making a big deal of it on Facebook. My question is can my sister sue her for the humiliation it’s causing. And the lady isn’t a rich lady or... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 30, 2019

Unfortunately you cannot sue.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is there " grandparents" rights ( visitation) in Onondaga County?

I have full legal and physical custody of my 2 children and their grandmother on the mothers side filed a petition for visitation.

So I am wondering if NY recognizes grandparents rights? The mom already has visitation at the grandmother's house but now the grandmother wants her own court... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 23, 2019

Yes

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: If there's a court order regarding visitation then a temp order for visitation is temp order in addition or replacing

The court order? court order allowed family members to supervise temp order says visits at a safe exchange program

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 19, 2019

It depends on the order

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: My husband served me with custody papers in NY during a temporary stay of 4 months, I had already filed a pleading

To start precedings in NC, which is where all 3 children were born and lived when I filed the initial pleading. Shouldn’t NC have the jurisdiction since I filed in May and he filed in NY in December. The judge disregarded when I showed him the filed pleading I had from NC.

Howard E. Knispel
Howard E. Knispel answered on Dec 18, 2019

Normally, wherever a child has resided for the previous 6 months has jurisdiction. However, if there is an issue of safety of the children, any court where the children are currently in could assume jurisdiction. You need to talk to an attorney directly.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.