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
Since the child is not born there is nothing he can do from a Family Law perspective.
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.
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.
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 »
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.
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 »
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 »
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 »
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.
No. No crime has been committed.
my father has full costudy of me and i am only 15
Without seeing the order it is impossible to say when it ends. However, the order should end no later than your 18th birthday.
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 »
The video may have an impact but you will have rights no matter what.
Have filled court papers
Unless there is a court order directing the month long visitation it can be stopped whenever you want.
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 »
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.
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 »
File a visitation Petition
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 »
Unfortunately you cannot sue.
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 »
Yes
The court order? court order allowed family members to supervise temp order says visits at a safe exchange program
It depends on the order
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.
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.
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 »
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.
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 »
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.
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 »
A god parent is an honorary title and gives you no authority whatsoever.
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 »
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.
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 »
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.
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.
