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.
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 »
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.
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 »
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 »
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 »
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 »
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.
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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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