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New York Child Custody Questions & Answers
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.

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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 »

Howard E. Knispel
Howard E. Knispel answered on Jan 31, 2020

You can not file for an "uncontested divorce" by yourself. An uncontgested divorce means both parties agree on all issues. If you filed for divorce and your husband opposed it, the court gets involved. You will need to provide all financial information (as will your husband). You will need to go to... Read more »

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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.

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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

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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

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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

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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.

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1 Answer | Asked in Landlord - Tenant, Family Law, Child Custody and Public Benefits for New York on
Q: Can the state of New York or landlord kick someone out of there apartment if they’re in desperate need?

Hello I’m Lucy. The kids next door are 18, 16 & 13 years old, lost there mom and there dad isn’t in the picture but there aunt that lives upstairs and also has 3 kids will soon have custody of them, Which is great but they can’t all live in one apartment and can’t afford a bigger place.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 12, 2019

The children should qualify for social security and they may also be entitled to public assistance grants. They should check with the department of social services.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: This is My 2nd daughter who has left my home, I have had full custody of 4 girls. Dad does not participate in

visitation. One minor disagreement where my daughter was dictating in my home. Her father came picked her up, and is buying her a car 2 days later,and filed for custody and support. Was ruled in 1st daughters case that it wasn't emancipation d/t still living w parent. Emotionally and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 10, 2019

You really need to sit down with an attorney who knows family law and discuss all of the facts of the case including the background and the age of your daughter.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Do I as a god parent have rights over my god child welfare, over her mother husband who didn’t adopted her.

She messing up in school. She came home one night from work at 12am and put her out inthe cold. Luckily her grandma was home for her to go to.Her mother is disabled and her grandma is a elder and have health issue. Me and her god father my husband is willing to take her with us we live in the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 9, 2019

A god parent is an honorary title and gives you no authority whatsoever.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Violations of Court order visitation, is will be the outcome if the violation is reported to the court

My daughter has weekend visit with her mom. The Mothers son father is not allowed to be at the house during any of the visits, my daughter told me that the Mother's boyfriend is there every weekend.

What will be the next step taken by the court once this order is reported as being... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 8, 2019

The court can issue an order of protection that says the boyfriend has to stay-away during visitation and if he doesn't he can be arrested. The court can order only public place visitation or supervised visitation.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I reverse a guardianship if my own kids are not comfortable with the new child? They want him to go back to his mom.

We were stationed in Italy at that time when we decide to go down to New York to take guardianship of my 12 years old husband's brother. The boy's mom is going to school and working. After we had him, I realized how stressful it is to take care of an additional child who is now a burden. My three... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 8, 2019

Unfortunately, you cannot force the mother to take the child back. It sounds like the child needs counseling and perhaps require you to file a Person in Need of Supervision petition or the equivalent where you live.

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