The courts cannot grant custody of an 18 year old.
We will be traveling abroad and our son will stay with my sister. If we get in a plane crash we want to make sure he is taken care of according to our wishes. We wish to appoint my sister as legal guardian. Should we establish a will to express our wishes in regard to our property and our... Read more »
We here cannot offer legal advice as there is no attorney-client relationship formed between the asker and the responding lawyer. We are an education site.
One bit of education is that the law works best when an event giving rise to a case already happened. This means the process is far... Read more »
I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney
There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »
Ny Children in Atlanta Georgia will the power of attorney papers be okay .
Yes, though this question is a bit unclear but happy to assist you over the phone or email.
I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »
To begin with, unless there is an acknowledgement of paternity on file in the clerk of the town where the child was born, the father would have to go to court go get an order saying he is the father. Once he is established as the father, he has no greater rights to the child than you do. Based... Read more »
I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »
First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »
I just got my judgment of divorce in the mail from the Supreme Court and it states I can go back to my maiden name. I have a custody order with family court that was done before the divorce awarding me custody of my child but under my married name . My question is, when I change my name back to my... Read more »
No - if there is ever a question (which is unlikely) your judgement of divorce shows your married name. Additionally, the children still have the family name.
I recently got a judgment of divorce in the mail, and it states I can resume the use of my maiden name which I fully intended to do. have a family court file and family court order awarding me custody of my son way before the divorce. The divorce stated to continue to use that family court order.... Read more »
You do not need to change your name. The divorce judgment gives you the power to do so if you want to. The judgment of divorce is a name change order itself. You do not need to go back to court.
If there is no court order, each parent has custody and may go anywhere they wish with the children
I’m seeking full custody of my son. Current on child support with a credit also. Currently have my son 2 days a week. Tried my best to coparent with mother but she has promised to make my life hell for 18 years. What can I do?
Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.
We have two kids also.I’m willing to pay whatever the state recommends for child support
Filing for an uncontested divorce can be a low cost alternative to a long drawn out divorce. When our firm handles an uncontested divorce, we require that all issues between the parties have been resolved. This includes the payment of child support, custody and visitation, and the division of any... Read more »
And can she get in trouble that she knew this and did not recuse herself ?
The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a... Read more »
Next year, we both plan on moving and would like to get this done immediately. She does not contest to me having full custody with the residential. How do I go about doing this?
What needs to be done is the filing of a petition in Nassau County Family Court modifying the old custody order. I suggest that you seek a consultation with an attorney experienced in Nassau Family Court and bring the old order and discuss the reasons for your wish to change custody. If you want... Read more »
There is no court order holiday schedule. But order states Parenting Time with child from 3pm to 7pm for 1 month on Wed and Thurs.father will have parenting time picking up the child at 3:00 pm on Wed, returning to school Thurs am, picking up from school Thurs 3pm and returning to school on Friday... Read more »
If there is no provision for holiday visitation and no court order, then the regular schedule remains even during holidays.
I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am... Read more »
The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full... Read more »
This is something a family law attorney would know best, but you await a response for three weeks. Here's a link to a page here on the Justia site for - Tioga County Legal Aid & Pro Bono Services...... Read more »
Screenshots of old Facebook post from child's father badmouthing the mother calling her names and threatening violence against her example being somebodies gonna blac youngsta my dumbass baby mama and how far back can I go there is years worth of bad mouthing the mother on his Facebook page
Evidence of what? I do not see anything that would be deemed harmful to the child, which should be the only criteria.
This is something that the family law attorneys here could best advise on, but your question remains open for two weeks. Until you are able to reach an attorney who is knowledgeable in this area, you could run some online searches for legal aid or pro bono attorneys. Good luck
Tim Akpinar
If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.
There was a delay on me getting a lawyer assigned until the day of my appearance. The respondent had his lawyer. I stated that I need a lawyer right at the start but the judge let the other side talk bad about me for awhile and go on with the appearance.
Yes, it is legal. Hopefully, once you gain an attorney, he or she can address any prior misunderstandings that occurred at past court appearances when you were not represented by an attorney.
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