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New York Child Custody Questions & Answers

2 Answers | Asked in Family Law and Child Custody for New York on

Q: Child Custody Laws Between New York and California

If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?

John Anthony Pappalardo answered on Sep 12, 2019

You should first speak with a California attorney

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1 Answer | Asked in Family Law and Child Custody for New York on

Q: Can an Indiana family court judge order hair and nail drug testing without proof?

The judge does not have jurisdiction to modify, just power to enforce.

Lawrence Allen Weinreich answered on Sep 11, 2019

This is not a NY question you need to post this as an Indiana state question.

2 Answers | Asked in Adoption, Child Custody and Family Law for New York on

Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?

The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.

What would happen to the kid after the mom’s dead? How would the father establish his paternity... Read more »

John Anthony Pappalardo answered on Sep 10, 2019

He needs to file a Petition

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1 Answer | Asked in Child Custody, Child Support, Divorce and Immigration Law for New York on

Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.

I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »

Lawrence Allen Weinreich answered on Sep 5, 2019

This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.

1 Answer | Asked in Family Law and Child Custody for New York on

Q: What do I have to do just fire them

Lawrence Allen Weinreich answered on Aug 29, 2019

If you have a paid lawyer, you can discharge them. An alternate way is to retain another attorney who will have you sign a form called "Consent to Change Attorney" which the new attorney will also sign and forward to the old attorney who will then sign the document. That is then filed with the... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on

Q: Do u have to go to the judge to fire the payed lawyer or can I just show up at court with a new lawyer

John Anthony Pappalardo answered on Aug 29, 2019

You need to have a consent to change attorney form signed

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3 Answers | Asked in Family Law and Child Custody for New York on

Q: Do I have to do the same thing if it's a payed lawyer?

Lawrence Allen Weinreich answered on Aug 29, 2019

What is the whole question regarding a lawyer?

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2 Answers | Asked in Family Law, Adoption and Child Custody for New York on

Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years

I feel as though she isn't really helping me

John Anthony Pappalardo answered on Aug 29, 2019

You need to request a new one from the Judge

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2 Answers | Asked in Family Law, Adoption and Child Custody for New York on

Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years

I feel as though she isn't really helping me

Lawrence Allen Weinreich answered on Aug 29, 2019

You can request that the court appoint a new attorney for you but you need to have a good reason. That you feel that your current lawyer isn't really helping you probably won't be good enough for the judge. You might be better off sitting down with your lawyer and discussing your feelings and... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on

Q: Why is the court system doing this?

I live in NY and I didn’t show up to court 3 weeks ago because the custody matter that I petitioned Against my daughters father didn’t matter anymore. The law guardian never liked me for no reason. The judge gave temporary custody to her fathers aunt (not blood related). And put and order of... Read more »

Lawrence Allen Weinreich answered on Aug 27, 2019

Based upon what you said, there was a court date and you didn't appear. You may have thought that the petition you filed didn't matter but you didn't withdraw it which meant the case was still on the court's calendar. On top of that, there may have been other proceedings going on. Once you... Read more »

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4 Answers | Asked in Tax Law, Divorce, Family Law and Child Custody for New York on

Q: My husband has been hiding income, rationing me for years, and has cut me off financially several times.

He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »

Lawrence Allen Weinreich answered on Aug 16, 2019

Based upon what you have said, you would have grounds on the basis of fault. However, there is no need to go that route anymore. New York enacted "No Fault" divorce several years ago. All that is necessary to be alleged is that there is an irretrievable breakdown of the marriage for 6 months or... Read more »

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1 Answer | Asked in Child Custody for New York on

Q: Will I go to jail or lose custody if I fail to go to court against a grandmother?

I recently moved out of state. my twins paternal grandmother of my 8 year olds who has no visitation or anything. She just got out prison after doing 5 years & is on parole & doesn’t really know my daughters. She wants custody/visitation & has never been involved in my kids life. Only one month... Read more »

Nina Mironenko answered on Aug 14, 2019

You should have received a notice with the petition that you can appear by phone. Follow the instructions for that, or if you did not receive the notice, then call the court and ask for the instructions.

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on

Q: What are my options?

My sons father has not paid his court ordered child support payments in two months, what are my options? In addition, he has moved upstate NY and didn't provide me with an updated address. Per our visitation order, he was suppose to notify me. What are my options?

Lawrence Allen Weinreich answered on Aug 13, 2019

You can file a violation of support petition. As part of that application request that he pay via income execution through the support collection unit. you can also refuse to allow visitation until he gives you his new address and you can file a violation petition in regard to the visitation... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on

Q: What could happen and should I put a stop to child going to grandparents

I have 4 kids my frist child has been going to my bio parents since she was born lived there for the frist2 1/2 years of her life my boyfriend now has an issue that the bios dont get the other children and never have and wants me to put a stop to the 8 year old going now what's ur thoughts. The... Read more »

John Anthony Pappalardo answered on Aug 11, 2019

I would urge you to do what you think is in the best interests of your children

1 Answer | Asked in Family Law and Child Custody for New York on

Q: Can an agency change a visitation from my mom supervising to saying that she can't supervise without court order?

Court ordered my mom to supervise my visits and due to the heat lately my son gets red ears, red face, he was running in the park. My mom shows affection like tickling and nibbling my kids ears because she loves them. Never will she hurt my kids. Now the agency and foster parents(other GMA) is... Read more »

John Anthony Pappalardo answered on Jul 30, 2019

The Agency can do it if they feel the child was at risk however should follow up with a modification of the court order.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on

Q: How can i file contempt on my ex husband for not letting me see my son while im in another state

my son is 8 i had him most his life his dad was big on drugs etc i thought he had cleaned up his act but he hasnt i am not sure what to do he is barely letting me see him or talk to him and my son says he hits him... im worried scared and im in NY due to some stuff ill be moving here and want my... Read more »

Charles Oliver Wolff answered on Jul 22, 2019

You file a petition in family court in the county where your son resides (Cattaraugas County). But which petition? If there was no court ordered custody arrangement, you file a petition for custody/visitation. If there was a court order (or it's contained in a divorce decree) you file a petition... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on

Q: Can my wife take my rights from me concerning our 3 children if they are not biologically mine?

We have 3 children age 7 and under that are not biologically mine but I am on their birth certificates and have taken parental responsibility for them from before they were born. All of them were conceived and born during our marriage. I did not have a part in their conception, that was done in a... Read more »

Lawrence Allen Weinreich answered on Jul 21, 2019

Based upon what you are saying, there is a doctrine in law called equitable estopple that will not allow your wife to do what she says as the children know you as their father and you have supported them since birth.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on

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 »

Lawrence Allen Weinreich answered on Jul 15, 2019

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.

1 Answer | Asked in Family Law and Child Custody for New York on

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 »

Lawrence Allen Weinreich answered on Jun 28, 2019

It would take more than what you have included in your post to lose custody of your child.

1 Answer | Asked in Child Custody and Family Law for New York on

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.

Lawrence Allen Weinreich answered on Jun 11, 2019

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 »

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