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New York Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have my son for a visit but it is outside of our custody agreement and my son refused to get on the plane to return

Home. Stated he wants to live with and has told his father and the father refuses to talk to me. My son is 15 and is going to be 16 in august what should I do I don’t want to get me or my son in any trouble but I can’t force him to get on a plane. I live in Kentucky his father is in New York

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024

We here cannot provide specific legal advice to an anonymous asker. Her question has to do with how to react to a factual situation when an order is the governing outcome producer. The correct answer that is not legal advice is to simply follow the order.

However, as an educational point,...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New York on
Q: Can I move my children from NY to RI when there is no custody or visitation in place?

I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 1, 2024

You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More

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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New York on
Q: Can I move my children from NY to RI when there is no custody or visitation in place?

I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

There is a calculus involved in moving a child without a custody order. Initially, we Americans can move freely throughout this great nation as it is our right to travel without permission of government. However, how responsive the father is weights heavily on the matter.

If the asker moves...
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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

David P. Badanes
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David P. Badanes
answered on Apr 18, 2024

Depending on how many visits have been missed and the reason the non-custodial parent has missed them, you might have a good case to file for a modification of your prior agreement. There are a lot of factors that go into whether or not your modification petition will be successful. I highly... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 1, 2024

The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

David H. Relkin
David H. Relkin
answered on Apr 3, 2024

First, a motion to dismiss scuttles the trial dates until it is decided. After the Court issues a Decision on the motion, there should be a Trial Conference to schedule new dates and procedures for pre-trial disclosure.

And, while the CPLR (not even the Uniform Trial Rules promulgated by...
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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

This is precisely the kind of question we here on Justin are specifically prohibited from answering. We are not the asker's attorney and as such we do not know any of the operative facts of this asker's case. We are therefore prohibited from offering tips and tricks as to how to proceed,... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: How long can a parent go without seeing or asking about their children? before its considered abandonment?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More

2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More

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2 Answers | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for New York on
Q: What is the likelihood of appellate court obtaining jurisdiction in a custody case if judicial misconduct is proven?

I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

We are told so very little about both the procedural history and the substance of the asker's case so as to have to guess to fill in the blanks. At first blush, this appears to be a forced-stip case where the court's aim is to get the parties to agree to their own resolution according to... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More

David P. Badanes
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David P. Badanes
answered on Feb 18, 2024

It is correct that SCU can only take a portion of the payor's income to pay for child support.

However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file...
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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Fighting for paternity. Mother of .my child had another man sign the birth certificate

She had another man who is in no way possible the father of my child sign the birth certificate. I've filed for custody but im not sure what to expect. She's also married to someone else.

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2024

With the facts as you state them, you need blood tests as a threshold . You must first prove you are the father. A DNA test of mother, father, and child will reveal positively your Paternity of the Child. Once the paternity is established you have standing to petition for Custody. You will have... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: ADA rights for blind mom in Cty court requesting braille documents
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.
Tim Akpinar
Tim Akpinar
answered on Jan 28, 2024

I'm sorry for the disabled person's ordeal. Until you are able to consult with an attorney who specializes in ADA rights, here is a link to the website of the New York State Unified Court System that could hopefully be a starting point - ADA Accommodation Request Process -... View More

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1 Answer | Asked in Child Custody, Civil Rights, Communications Law and Family Law for New York on
Q: Blind mom in custody case in Wayne county family court, NY. Requested to have documents brailled.

Like court orders, letters, etc. 2 years into case and still no accommodations. Court said they aren’t responsible

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

In your situation, it's important to know that federal law, specifically the Americans with Disabilities Act (ADA), requires courts to provide reasonable accommodations to individuals with disabilities, including those who are blind. This often includes making documents available in Braille or... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I asked a pediatrician to note in my daughter's medical record that her mother was breastfeeding her while drunk.

I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

Rigging a family court case against the opposing parent is a very dangerous step to take in a quest for the custody of a child. This question shows how the asker plotted with the child's pediatrician to set up the mother in a future custody case. The pediatrician's defense if any will be... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I am filling out an emergency hearing for custody. The original case was filed in fl. The kids live in ny now. We are f

Filling out the jurisdiction affidavit to file in ny. The affidavit gets filled out to ny? Yes/ no?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

We are not certain what the asker means by a "jurisdiction affidavit." If he means a form UCCJEA-3, then certainly this form is filed with a New York family court as part of a modification petition of a foreign state's custody order.

The asker must be aware that the UCCJEA is...
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