I’m currently living in Long Island and my sons father is a drug addict and relapsed after 8.5 years clean. He wants me to move out and stay local so he can have a relationship with our son. I have other plans. I want to move as far as legally possible (specifically Staten Island where I will... Read more »
The only thing you can do is file for a modification of the custody order asking for full custody of the children. You should see a lawyer and go over all of the facts to see what else you can ask for such as supervised visits if appropriate.
I am from the UK , for last 4 years I have been engaged to a girl from New York. Iam not a USA citizen. After what I thought was my child was born in Utica NY I got cancer and have been between the UK and usa. She tells me our daughter isn't mine during an argument. Nearly 3 years down the line,... Read more »
We had a child. She was on DSS for awhile and I joined with her. We had a kid but she told me it might not be mine. It's my first so I didn't know what to do so I stayed. Found out two years later it was mine. Then hit with a ten grand arrears and had to pay child support living with them. I don't... Read more »
I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »
This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.
If you have a paid lawyer, you can discharge them. An alternate way is to retain another attorney who will have you sign a form called "Consent to Change Attorney" which the new attorney will also sign and forward to the old attorney who will then sign the document. That is then filed with the...Read more »
You can request that the court appoint a new attorney for you but you need to have a good reason. That you feel that your current lawyer isn't really helping you probably won't be good enough for the judge. You might be better off sitting down with your lawyer and discussing your feelings and...Read more »
I live in NY and I didn’t show up to court 3 weeks ago because the custody matter that I petitioned Against my daughters father didn’t matter anymore. The law guardian never liked me for no reason. The judge gave temporary custody to her fathers aunt (not blood related). And put and order of... Read more »
Based upon what you said, there was a court date and you didn't appear. You may have thought that the petition you filed didn't matter but you didn't withdraw it which meant the case was still on the court's calendar. On top of that, there may have been other proceedings going on. Once you...Read more »
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 »
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 »
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 »
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.
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?
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 »
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 »
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 »
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 »
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 »
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 »
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.
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