New York Child Custody Questions & Answers

Q: I am under court order to pay child support plus arrears. I may have to move out of state for employment. What is laws?

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: What rights does a noncustodial father who has paternity of child & wants to file for child support on himself joint cus

1 Answer | Asked in Adoption, Child Custody and Child Support for New York on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Child support is ordered at the discretion of the court in compliance with the law and after reviewing the facts on both sides. A parent can file for child custody, visitation, and child support via pleadings submitted to the court and served on the other party. The NY courts website and local law libraries can self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can...

Q: How many days before a trial does my ex have to produce his witness and subpoena list

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...

Q: Can i help my 18 year old friend who is being held captive by his parents who wont let him communicate with anyone?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
If someone is truly being held captive and against their will, e.g., locked up, one can report the crime to the police. If he is agreeing to their terms in exchange for living in their home, that is a different story. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: Can I move out of state with my children?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
You may want to consider filing for divorce and child custody rights to help protect yourself from any abduction claims from him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
The court can assign an attorney to an individual who is financially eligible.

Q: I'm filing for sole custody of my now 10 month old. Her father hasn't seen her in 4 months. Should I get a lawyer?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Nov 27, 2018
Nina Mironenko's answer
I would actually wait another 6 months just to be safe. If in the meantime he asks you for parenting time, you can then not allow it and go into court on the basis that he hasn't had any contact with her and she isn't at all familiar with him.

Q: I want to leave the state with my kids ex refuses. Can i make a deal instead of him going to jail forgery let me leave

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Oct 14, 2018
Nina Mironenko's answer
In New York state parties can contract to pretty much anything they want. As a practical matter, I don't think you're holding anything over him. If he kept the money while the two of you were still married/living together, and you got divorced after the refund was received by him, or into a separate account of his you are not entitled to now claim that you want half of the refund. In my opinion, the DA would not pursue a case against him for forgery.

Q: What would happen if i travel with my son abroad without his father's consent ?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Oct 12, 2018
Nina Mironenko's answer
A travel consent letter is checked before you leave the U.S. If you don't have one, you and your son may very likely be prevented from leaving.

Q: What is reasonable phone contact with the other parent?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Oct 11, 2018
Nina Mironenko's answer
The courts don't get involved with this, unless your ex is asking your daughter questions about your personal life. Your ex should really be shutting down your daughter when she starts talking about you. This really is an issue you need to resolve as a parent with your child. Children of divorce frequently run to the other parent if they don't like the rules/discipline of the other. I assume you've talked to your daughter, but you may have to try family counseling.

Q: Is there a conflict of interest?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Oct 3, 2018
Nina Mironenko's answer
Given those facts, yes, if the current caseworker previously helped the mom get custody there would be a conflict. You should file for immediate - on an emergency basis - modification of custody - with you getting custody. If you would not qualify then a family member can petition, with you adding your consent.

Q: If I have 50/50 custody of my son is the mother entitled to %17 percent of my income in New York?

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Answered on Oct 1, 2018
Nina Mironenko's answer
Generally, no, but it depends on whether there is a big disparity in your incomes. Residential custody is determined by the "best interest" test for the child, which involves many factors. The courts look at who is best able to provide the best home environment, including a parent's willingness to encourage a good relationship with the other parent. You should keep a calendar of every day/hour you have your child and what you do for the care of your child. Take her/him to the physician,...

Q: Ex filed for full custody in North Carolina. I live in NYC. Can I get jurisdiction in nyc?

1 Answer | Asked in Child Custody for New York on
Answered on Sep 27, 2018
Nina Mironenko's answer
Legal residence in one state for 6 months determines jurisdiction. In your case, where your daughter spends almost half of each month with you might be determined by other factors: where is your daughter's primary doctor, etc. It helps her that she filed first, but you can try - file a petition for custody in NYC and fight for jurisdiction.

Q: my Ex and and I have joint custody of our (2) kids but they both live with me. My 16 is living with his father.

1 Answer | Asked in Child Custody for New York on
Answered on Sep 24, 2018
Nina Mironenko's answer
Please clarify: are there 3 children? You say "they both live with me. My 16 is living with his father".

Also, child support in NYS is payable until age 21, unless the child is self-supporting or in the military.

If you each have residential custody of one child, not paying child support to each other only makes sense if your incomes are almost equal. If one of you has a higher income than the other, then that parent would pay more to the other for child support....

Q: How do you "document a parents refusal for a reasonable request"?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Sep 17, 2018
Nina Mironenko's answer
Yes, get that parent's refusal in writing - email her/him or text and have him/her reply. Something concrete to show the Family Court that the parent is not encouraging and facilitating a good relationship with you.

Q: Child out of school at 238. C.O. says 3-730. Custodial says have to wait til off bus @4 instead of P.U. from school??

1 Answer | Asked in Child Custody and Family Law for New York on
Answered on Sep 17, 2018
Nina Mironenko's answer
If the custodial parent refuses to be reasonable, document that parent's refusal for your reasonable request. You may then have to go into Family Court for a modification of parenting time. As your child is now older, best wording is for your parenting time is "to commence at school dismissal, or the child's after school activities, with pick up being at the school, or activity. Also, ask for a later time to drop off your child, or pick up by the custodial parent.

Q: My ex wife received child support for a year when the children lived with me full time; can I request a credit/suspend?

1 Answer | Asked in Child Support and Child Custody for New York on
Answered on Sep 14, 2018
Nina Mironenko's answer
Child support credit is not given retroactively - if you overpay, the payee is not forced to return it. Any modifications are retroactive to the date you file a petition.

Q: my sonfather is forbidden me to move anywhere else because of ourson but i am married to someone else with another child

1 Answer | Asked in Child Custody and Child Support for New York on
Answered on Sep 13, 2018
Nina Mironenko's answer
You can file a petition in Family Court for sole legal custody and the right to relocate with your son. You will need to show that it is in your son's best interest to relocate with you. The fact that your son's father only sees him once a year, is very favorable to the relocation. There are many factors, including how old your son is, how far you want to move, etc.

Q: Can I lose my visitation when going to court after filing contempt on my ex for not following order?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Sep 4, 2018
Nina Mironenko's answer
You cannot lose visitation (or parenting time) for those facts. The court may assign an attorney for the child, so that your child can tell her/his attorney his/her facts and if she/he wants visitation. In general, the parent with primary residential custody should encourage the child to see you and should encourage a good relationship between the child and you.

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