New York Child Custody Questions & Answers
Q: What are the rules for collecting child support from a father that is unemployed and does not collect unemployment.
There has never been a court order, child support and visitation was paid in mutually agreed upon manner and verbal agreement. Things have now gotten worse and he wishes to seek legal visitation/custody agreement but is afraid the mother will take him to court for child support arrears and claim... Read more »
There can be no "back" child support without a court order of an agreement signed and notarized by both parents. Future child support can be ordered by a court and it can do so on his ability to earn not on what he is currently earning if at all.
Q: can I lose my daughter if I marry someone in jail?
This is hard for me to ask but I have a 4 year old daughter. I met my current fiancé when she was 4 months old. We have been together but a few months ago he was arrested and is awaiting trial. We are planning on getting married soon before his trial and I am scared that her father can use this... Read more »
It would take more than what you have included in your post to lose custody of your child.
Q: state of NY Ex wants me to leave house and will not file for support. what do i need to file in order to see my kids
No violence or anything. i just want to not to be charged as abandoning my kids. Unmarried house is in my name.
You should discuss the situation with an attorney ASAP. You don't have to leave the house as it is your property. If you do leave, if you are only looking for visitation, you can file a petition in family court for visitation. If the two of you agree to a schedule to your liking for visitation,... Read more »
Q: My cousin in law got custody of my daughter in 2012 when I got arrested and incarcerated.. I have been fighting to
Get her back and she is now 14 and she says she don't wanna come with me.. how can I still get her home where she belongs even tho she is staying this to me and the court
It is going to be very difficult to do. You will have to have a hearing and be able to show that it is in your daughter's best interest to be returned to you instead of staying where she is. You really have to speak to a lawyer and go over all of the facts of your case to get a better assessment... Read more »
Q: What do I need to know to prepare for court NYS for child custody if I was unmarried at the time of the child's birth?
My child is 7yrs old. We were unmarried at the time of birth. Her father has had no physical contact since she was 6mo old and the last verbal contact was in 2014. There is an open child support case but he has not made any payments in over 9 months. I am wanting sole custody so that I may make... Read more »
Based upon what you have said, you have defacto legal and physical custody of the child as the father has never been part of the child's life. I would recommend that you do nothing until such time as it becomes an issue.
Q: If i get fired and i dont know the reason, can i go back and ask why i got fired?
Always a good idea. If you apply for unemployment the employer might claim you quit. So make sure you tell the employer this was not your choice and remind them that you needed and wanted the job. Ask why me?
Q: Help, my ex violates the custody order all the time and then when I do not agree to his demands, he calls cops?
Blames me for everything, calls me names, doesn't follow the order, the order his lawyer omitted parts that were agreed upon. My lawyer stopped calling me back, I have tried 5 times since the end of March. Been going through this for 3 years, our son is 3 1/2, I get followed by his father and who... Read more »
If he is following you around (need to have dates when you saw him) and he constantly calls cops when you don't agree to his demands, you probably need to file for an order of protection. As for omitted parts of an order, if the agreement was in court, you can get a transcript and refile the order... Read more »
Q: my grandson has lived with me for 2 1/2 years. He is 17 1/2 years old. Can he live with his dad now? I'm in agreement
My daughter is on drugs, had 3 CYS cases opened and closed on her, I moved to NY and she gave me guardianship over him. my son in law had a PFA on him which had no basis, it is over now. My grandson wants to live with his dad and I am in agreement. She lives with a drug dealer most times in filth... Read more »
To begin with, you should know that when your grandson turns 18 the NY courts cannot grant custody orders. In essence, an 18 year old can live with whoever they want. As the child's guardian, you can allow him to live with his father now or just wait until the child turns 18 when he can just go... Read more »
Q: I am a grandparent of a newborn, both parents are mentally ill.Can I file in family court for visitation?
My son is schizophrenic and his girlfriend also has a mental disorder and she is also an addict. I was able to visit with my newborn grandson on Monday evening when I spent time cooking my son's girlfriend dinner in their apartment in Oneonta and my grandson Jayce was there also. Upon returning... Read more »
Grandparent visitation is available in New York if you meet certain criteria. You have to show that you had a relationship with the child or you attempted to have one but the parents didn't allow it. I suggest you consult an attorney to discuss all the facts of your case and to prepare the Family... Read more »
Q: I’m from N.Y Can I leave with my kids before filing for divorce or is it considered abandonment? I’m a stay at home mom
I want to move out of our house before filing for divorce. Would that move hurt me in the long run? I’m taking the kids after they’re done with school in June. Please help.
It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down... Read more »
Q: Am I forced to have a procedure done on my child who already has shown improvement in health without this procedure?
My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... Read more »
Absolutely not. Get your child's pediatrician on your side and have her/him provide documentation of your child's improvement.
Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?
My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »
Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com
Q: No custodial parent and equal nights in the court order but one parent only chooses to see child 4 nights of 28 a month?
Who would pay support in this case?
The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.
Q: New custody order for our 5 year old and we split half nights each month with no custodial parent, who pays support?
All depends on the incomes of the parents. If they are close to equal then no support. If one makes a lot less than the other, then the "monied" parent could be ordered to pay support.
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?
I am noncustodial having paid my support plus arrears until lose of job. I have filed for modification to have relief of support until employed. Can NYS force me to stay in NYS, and can court date be expedited because of move to earlier date
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... Read more »
Q: What rights does a noncustodial father who has paternity of child & wants to file for child support on himself joint cus
What rights does a noncustodial father who has paternity of his child & wants to file for child support on himself to apply for joint custody, can he apply for joint custody without applying to give child support, how soon should he do this and how will it affect his income. He loves his child and... Read more »
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... Read more »
Q: How many days before a trial does my ex have to produce his witness and subpoena list
It is an all day trial an did not know he was bringing witnesses
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... Read more »
Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?
I am custodial parent dad with "final say" She pays child support & maintenance hasn't paid last 2 months without any notice or real explanation and paid late in November owes $4500 short. found out she is in Asia now for 3 weeks on vacation no notice. Next payment due Feb 1st. My 4 kids live... Read more »
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... Read more »
Q: Can i help my 18 year old friend who is being held captive by his parents who wont let him communicate with anyone?
My boyfriends parents have always been strange and crazy parents. They decided to tale away his car and phone so she couldn’t communicate with anyone or do anything. They are not letting him leave his house or do anything. Hes all alone and im worried for him and the way he’s being treated. Is... Read more »
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... Read more »
Q: Can I move out of state with my children?
I have full custody of my children. I am married but haven't lived with my husband in 6 years. He has not seen or spoken to the children in 2-1/2 years. I want to move out of state to give my children a better life. Can I move if he doesn't want me to take the kids that far? I live in NY.
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... Read more »
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