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New York Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for New York on
Q: If there is no custody agreement for the children, can one parent who has the children more, change their school?

I have the kids mostly on school nights and partially the weekend. My ex wont agree to any custody order until trial and trial was pushed back til 2021 because of COVID. Can I legally chnage their school to where I live since I drive 15 there and back almost daily to get them from his house,... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 30, 2020

The courts don't like unilateral changes while a case is pending. If the two of you can't agree, have your attorney ask for a conference with the court or file a motion asking for the relief you want.

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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Looking for a lawyer to review legal documents related to an active divorce/custody case

I dismissed my previous lawyer and do not want to engage in a retainer agreement as of yet; I would prefer if a lawyer reviews my documentation/evidence and provides his/her legal analysis based on what is provided to determine if I should move forward with my case or not. At that point in time,... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2020

It shouldn't be hard to do. If you want you can call my office at 516-336-8340 to discuss the issues and schedule an appointment if you are ready.

2 Answers | Asked in Child Custody, Child Support and Divorce for New York on
Q: I have two kids. My soon to be ex husband is petitioning for full custody for one, and I for both. Lets say the court

grants full custody to him for one of the kids, and I full custody for the other. Will he not be be responsible to pay child support for the child in my custody?

Michael J Stachowski
Michael J Stachowski answered on Jul 21, 2020

Yes. But that is the simple answer. In New Your Its dependent on Income . Each party would owe child support for one child under the formula set forth in Section 249 of the Domestic Relations law. That Is 17% of gross income from all sources less FICA. The court would figure out the support... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Information about NY non-custodial visitation.

I have a visitation order in NY for my daughter i live in NJ , I haven't been successful in acting on it very much since the mother its not cooperating with the order . In the mid of 2018 i lost contact physical and digital with her and daughter and I've trying ever since i also filed... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

This was posted previously and answered. The process hasn't changed. If you are asking how much this matter will cost it would be difficult for any attorney to give you a figure as it all depends on how much time will be spent on the case and if there will need to be a trial.

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Joint custody & ex possibly exposed to Covid-19. Can I get a temp order of protection/withhold kids until she's tested?

My children's mother lives with several family member who recently returned from AL and did not do the 14-day quarantine as they should by NY law. I asked her previously to inform me when they would get back to prevent exposure to the kids and myself as I take care of my elderly parents.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

The courts will not issue an order of protection under these circumstances. As to withholding the children you can do that but be aware that you are in violation of a court order and it would be up to a court to decide if you had a reasonable excuse for violating the order.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can i draw papers up to make sure my kids are in the best of hands if i pass?

I'm not married and worried about my youngest childs father if something did happen to me. Can i draw papers up so courts know what my wishes are and why?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

You can have a will done indicating your preference but you should know that a parent's rights to a child are superior to everyone else.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Custody for New York on
Q: Can My ex make me move back to NY?

My ex and i Start having problems on sept. And we agreed that i would have our baby in México where My family is and then he would go get us and return to the US (NY) but we Start having more problems once i confronted him for cheating on me so he text me i could stay un mx if i wanted and he... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

If the baby was born in Mexico, you cannot be forced to move back to NY. You also do not have to come back to sign any divorce papers. You should speak with an attorney about the divorce or ask the judge who has your case in the supreme court to appoint an attorney to represent you on custody and... Read more »

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Can you be retroactive charged for child support if you received an increase of pay or switched jobs to a higher salary?

Non custodial parent, original order was in 2016 when I was a seasonal employee. Rate was 75/week. Then switched jobs and for a higher salary but did not inform mother. I’m not in the child support system, I pay her directly. Will I be retroactively charged once she takes me

Back to court?

Howard E. Knispel
Howard E. Knispel answered on Jul 1, 2020

If there is no child support order at all (either from Family Court or through Divorce) you can not be obligated to pay any retroactive support, with the exception if the custodial parent is on public assistance. If there is an active order, retroactivity only goes to the filing date of a new... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: With joint physical custody does one parent owning home and other renting impact what school child attends?

The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 23, 2020

Owning or renting a home ios not a relevant factor, in and of itself, in determining custody.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Is it possible that if one of your children supposedly tested positive for methamphetamine and you not be charged

One of my children supposedly tested positive for methamphetamine but I was never charged or convicted for child abuse and neglect because it couldn't be proved that it was me the reason she tested positive but my kids are still in foster care. how is that. Things just don't make sense or... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 16, 2020

If you live in Tennessee you should post this in that state.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I live in a different state with ex who filed for divorce 1st but kids live with me. which state has jurisdiction?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: How can I get the divorce to go through?

My stbx lives in Canada. I live in NY.

I sent him uncontested paperwork because we were on the same page and made a custody agreement and was delivered on May 5th through USPS with a signature required. I asked him if he signed and returned the papers and he still has not sent back because... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

If you are talking about an uncontested packet, then unfortunately there isn't much you can do except restart the process by having someone serve his personally with the papers. You are not allowed to serve papers and as such time does not start to run until he is served properly.

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My wife left home for Covid but wants a divorce-she wants to come home with my kid for few weeks - what should I do
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

You really need to sit down with an attorney and go over all of the facts of your case this isn't something you can do on this forum.

2 Answers | Asked in Child Custody, Criminal Law and Family Law for New York on
Q: Can I Sue My Childs Mother If I Was Arrested And Injured For Her Frivolous Statement?

Case was dismissed But it left me in a lot of misery until this day

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

The answer unfortunately is no

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2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: My soon to be ex wants to get full Custody of the kids (10 and 8 yo) while planning moving back to Russia with them

Who will have more chances to get custody - me (staying in US) or him moving kids back to Russia. They are born and grew up here?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 11, 2020

He has a heavy burden if he wants custody first he has to show the children are better off with him and then he has to show that the children's lives will be enhanced by the move to Russia.

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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Mother wants 15 YO to babysit 3 kids on her week with the kids over 10 hrs a day while at work is this legal WO license?

My ex-wife wants to have a family member who is 15 YO to babysit 3 kids (4, 8, 9 YO) who are currently doing remote learning and need constant supervision and help. Her plan is to have the 15 YO watch all 3 boys without any adult supervision for over 9-10 hours a day, 5 days a week, every other... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 9, 2020

15 YO are used as baby sitters all the time especially during the day. This is something you have to work out with your wife or get the lawyers involved.

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Can I ask a "right of first refusal" when it’s not in the current child custody agreement.

I currently have a temporary custody agreement with my ex-wife until we can finalize our divorce which give us both legal and joint custody. The “right of first refusal” is on our draft but not signed agreement. She is returning to work due to covid restrictions being lifted. She wants a 15... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 9, 2020

If it is not in the signed agreement, it does not exist. You can file a petition in court to add that provision, but a judge will have to decide whether it is in the best interests of the child.

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1 Answer | Asked in Child Custody for New York on
Q: Does my custody order expire when my child turns 18?

My order states I cannot move more than 50 miles away. I'm looking for a better life with my family outside of the 50 miles. Once my son turns 18, am I free to go? Does it matter that my son has a disability?

Howard E. Knispel
Howard E. Knispel answered on Jun 9, 2020

Custody orders do expire at the age of 18. However, child support orders expire at 21. If you move so that the non-custodial parent can not visit with the child, the non-custodial could try to petition the court to terminate support. I am not saying it will be successful, but an argument can be... Read more »

2 Answers | Asked in Child Custody and Family Law for New York on
Q: I want to move 5 miles away, which happens to be across state lines. Will I lose my share of custody if I do so.
Howard E. Knispel
Howard E. Knispel answered on Jun 2, 2020

What does your custody order say? You need to see if there are any geographical restrictions. If not, then you are probably fine, but have it reviewed by your lawyer.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: My legal guardian (aunt) posts planning on abandoning us. My brother is still only 17, what can we do?

I am 18, my brother is 17. Our paternal aunt and legal guardian is planning on abandoning us and moving out of the state. We cannot financially support ourselves if she leaves, let alone abandon a minor who she still holds custody of. What can I do to ensure that my younger brother is financially... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 31, 2020

You can bring on a support petition in family court.

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