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New York Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 18, 2021

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.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is it legal for a judge to continue a custody appearance if I wasn't assigned a lawyer yet?

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.

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 12, 2021

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.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: im 16 year old foster child and need to emancipated. what should i do

i have a foster parent and home life is stressfull.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 7, 2021

Speak to your CPS worker about moving to another home. There are many advantages to staying in the system such as help with college.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it legal for a public defender to represent me when he represented my ex in a case in 2011?

I was assigned a counsel for an article 10 case who represented my kids' father back in 2011 in a criminal case. I feel this could be grounds for a conflict of interest because he may have personal feelings in this case. I wouldn't feel this way if the attorney replied to any of my emails... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 1, 2021

There is nothing "illegal" per say in the attorney's representing you. However, based upon the fact that there is no communication between you and the attorney, you can request a new attorney be assigned.

2 Answers | Asked in Child Custody for New York on
Q: What can be done if a family court judge fails to issue a decision, in a reasonable time, after a custody trial ends?

In this case the closing arguments were submitted in writing more than 14 months ago. This is a Suffolk County custody case. The parents were never married.

Howard E. Knispel
Howard E. Knispel answered on Sep 23, 2021

Judges are usually given 60 days to issue a decision, however, sometimes they can be tardy. You do not want to push a judge because that could influence a judge negatively.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: A foster mom hit my 8 year old on the hand twice with a wooden spoon the second time she said stop crying cry baby
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 20, 2021

You didn't ask a question you only stated something. What you should do is report this to CPS, your lawyer and the court if you are in court.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: I'm fearful of health an safety of my great grandson.my grandaughter is involved with drug addict

Hes psychotic extremely bad,has madexthreats to kill my grandaughter an baby.she continues to stay in that environment.been working with cps whom is of little help what can be done

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 15, 2021

Unfortunately, as a grandparent there isn't much that can be done if CPS doesn't feel that court intervention is necessary.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: What is my best course of action?

My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 15, 2021

Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: 50% custody - who is paying for child support?

Our child will be living with me in NYC since she’s enrolled in a NYC public school. Our child would spend all weekends with her mom outside of NYC. My spouse wants a 50% custody. My spouse is the lower earning parent. While our child will spend 65% of her time with me and 35% of her time with... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 3, 2021

In a 50/50 custody case, the higher earning spouse pays child support based on the Child support standard act as if he/she does not have custody.

1 Answer | Asked in Child Custody for New York on
Q: Can the court make me pay child support. If I am disabled and my child has always been disabled. I am on Medicaid.

I can't pay and don't want to pay. How can I stop? Please help me with this matter thank you...

David Ivan Bliven
David Ivan Bliven answered on Aug 18, 2021

The short answer is yes - so long as you're the Father, you have a legal obligation to support the child. You will have the burden of proving you're disabled thru competent medical evidence. Even if you succeed in that burden, you'd still pay 17% of your disability, unless paying... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Does a week of summer vacation include your weekend parenting time or is in addition to it?

I need some clarity on the order. It says "The mother and father are entitled to spend 2 non-consecutive weeks with the child each summer". Father has Every Other Weekend schedule. Is one week seen as five days or seven days? Would the vacation include his weekend in this vacation week?... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 13, 2021

Unless stated otherwise, the vacation time supercedes weekend visitation. If your vacation is at the same time as the other parents normal weekend visitation, the vacation time counts and the weekend does not.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is 16, can she choose to live with the other parent?

My daughter is 16 and wants to live with me now. She has lived with her dad since the age of 5. We did not go back to court for this. We did it on friendly terms but now that she wants to come back to live with me he says no. When she was around 1 year of age we went to court and had joint custody... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 5, 2021

Since the court order was never changed, it is still valid.

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

1 Answer | Asked in Child Custody for New York on
Q: My daughter has modified legal custody of her two-year-old

She wants to move to our family farm in Hawaii from New York state. She gets no financial support from her ex-husband but could support herself here in Hawaii. Do you have any suggestions

Howard E. Knispel
Howard E. Knispel answered on Jul 22, 2021

She needs to file a relocation petition in New York and justify moving will benefit the child. She should talk to a lawyer.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »

David Ivan Bliven
David Ivan Bliven answered on Jul 17, 2021

It seems unlikely he'll receive anything other than supervised visitation - for now - based on the facts provided. One can't predict how the mental health evaluation will pan out, but if if makes a finding that the Father has a mental illness affecting his parenting capacity, it... Read more »

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I was wondering what the next step would be when my sons mother denies vacation time for my son and I?

My ex and I have a joint custody agreement in NY state. We are both given two non consecutive weeks vacation time we just have to inform the other 45 days prior. I let her know I wanted to take him to Disney World more than 45 days notice. I have a recording of her saying okay. She recently told me... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 6, 2021

The only thing you can do is bring on an Order to Show Cause in Family Court to see who has priority in deciding the time. If there is no priority, you have have a better claim if you gave your dates first. What you should do is take yoor Judgment and any divorce agreement to an attorney and go... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it neglectful of a court referee to not allow document from doctor stating child has been diagnosed with Autism?

Currently in custody trial

Howard E. Knispel
Howard E. Knispel answered on Jul 2, 2021

What document? You need to have certified subpoenaed documents for them to be admissible. Yoir lawyer should be able to explain that.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can only see my son in therapy but but he refuses it. I’m going 6-12months without seeing him, I shoudnt pay support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 29, 2021

It is most unfortunate what is going on. In regard to child support, you can bring on a petition to terminate or suspend support however the reason that your son refuses to see you must be one that is not your fault. If you did something that caused his behavior your child support will not be... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Child Custody for New York on
Q: I am over 18 and I have mental distress caused by my parents.
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 10, 2021

If you're asking whether you can sue your parents for emotional distress, the short answer is no. Short of physical abuse, a court is not going to second guess parents on how best to raise a child. Here's an article I found online which you might find useful,... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is it possible for an incarcerated father to get court ordered visitation? No paternity has been established

It’s not safe to bring my 1 year old to a jail with the virus going on. He’s threatening to take me to court if I don’t bring my child there.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

It is possible to get visitation in a prison. However, your first problem is to establish paternity. Without paternity being established the courts will not order any type of visitation or contact.

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