Lawyers, Answer Questions  & Get Points Log In
New York Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: Should an unwed mother file for sole custody as a preventative measure?

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 »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 29, 2022

No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 28, 2022

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.

View More Answers

1 Answer | Asked in Child Custody for New York on
Q: Could my sister lose in court custody because she works midnights?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 23, 2022

No.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: can a guy that's dating a girl who pregnant and not the father sign the birth paper as if he was.
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 13, 2022

Yes. However, by doing so, he will be responsible for child support for the child until the age of 21.

1 Answer | Asked in Family Law, Child Support and Child Custody for New York on
Q: My ex wife has moved to a different state, before moving we agreed on a new visitation an was so ordered by the court.

Child support was also in the document we brought to court (we agreed to terminate support) which was notarized and signed by both parties. The court could only grant the visitation and was told we would need to petition the court for the child support case since it is a different department.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 7, 2022

The asker should retain counsel. In the family court world, each subject area carries its own petition: visitation/custody, support, abuse, neglect, guardianship and so on. When the parties conflate custody and support in one agreement, they severely limit their ability to submit and give respect... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for New York on
Q: About divorce?

If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.

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

This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.

2 Answers | Asked in Divorce and Child Custody for New York on
Q: Are there any circumstances where visitation rights don't end at 18? I was told they end at 21, but I don't believe it.
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 27, 2022

Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.

View More Answers

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there any possible way to get away from my mentally and physically abusive mother? she cant support us three kids.

My mother is constantly yelling at us kids. She can not support the three kids she has. My father can support me and those living with him. My mother won't even let me bring him up in a conversation without her getting angry. Please help me. He is trying everything to get me but there's... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 22, 2022

Your father will need to file a petition with the Family Court in the county in which you live. Your father could contact the court to have them send him the petition or get a copy online at the NY courts website. The Court will give more weight to your desire to live with your father if you are a... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Hi, how do I give a custody back to her father

I was given custody to her but, he can care for her now, so I want to give her back to her.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 17, 2022

File a petition in family court and have the father served. Ask the judge to grant an order giving the father custody.

1 Answer | Asked in Child Custody for New York on
Q: I was not aware that I had a custody case order in effect from 2014. Neither of us went to court thought it was closed

I was not aware I needed court permission to move. My ex was okay with the move for the first 6 months of relocation. He was the one who funded and moved our belongings, he was my reference for the new apartment, he paid the rent as part of the child support, he was 100% ok with the move. The move... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2022

You should file a modification petition seeking to relocate with your son. I would advise you to speak to an attorney.

2 Answers | Asked in Child Custody for New York on
Q: I’m going for custody trial it’s worth to get a lawyer to represent my case , I feel my legal aide from court is not
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 16, 2022

Lawyers know the system, they know how to examine and cross-examine. Hire a lawyer

View More Answers

1 Answer | Asked in Child Custody for New York on
Q: How do i give back custody of a child to her father.
Sandra M. Colatosti
Sandra M. Colatosti
answered on May 14, 2022

More information is needed to answer this question. For example, does he want custody? Are you the child’s mother? Why do you want to give custody back to him?

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel
answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: hi, my name is ivan, can the court decision from country Georgia be effective in New York on child visitation?

I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.

I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.

because the pandemic wasn't going anywhere.

I came to Georgia Tbilisi... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 3, 2022

The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.

The...
Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I have a question that I’m hoping somebody can answer.

My fiancé wants to sign my sons birth certificate and we’re turning in the acknowledgment papers with his name on it his biological father my son‘s biological father has made it to where he said he wants no parental rights to my son he said when he tried to kill me that it felt good for my son... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

The answer the asker wants to hear is that her fiance can sign the newborn's birth certificate, and such an answer is certainly possible. The government has no idea whose DNA is in the newborn, and the only record of who the father is can be found in the birth certificate which is always... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Will getting a lawyer help move my cps case along

I've had a cps case for the last 7 months, I've lost placement of my child for this time period. It seems that cps is doing nothing to move things along

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You should be represented by an attorney in the matter. If you cannot afford one, you can apply to have an attorney to represent you.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you tell me what can be done?

So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 16, 2022

While there is nothing illegal for him to threaten to take you to court, if he becomes harrassing or threatening harm in any way then you might be able to get an Order of Protection. There are apps that the two of you can use to reduce harmful communications in which you can only communicate about... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: How do I file ineffective counsel before my case ends. My lawyer will not submit any evidence I have
Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 15, 2022

You can dismiss you Attorney at any time.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 14, 2022

Once a permanent child support order is issued, the arrears dates back to the date of filing.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: am I allowed to take my kids and move out of state without my ex’s approval?

I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 12, 2022

You would need to file a petition with Family Court to relocate with your children. You would need to show that it would be in their best interests. The Court would look at a number of factors such as the relationship between the children and their father and how the move would improve the... Read more »

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.