My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
Based on the information provided, you may have grounds to file for custody modification, but success will depend on several factors:
- The court will look at the totality of the circumstances to determine if there has been a significant change in circumstances that might warrant modifying... View More
She wants to live with mom and is scared to go back to dads cause of abuse
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
In New York, the legal age of majority (when a child is considered an adult) is 18. However, the situation you described involves several complex issues, particularly around child custody and potential abuse. Here are some key points to consider:
Child Custody Agreement: If there is a... View More
My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023
The use of drugs and alcohol can affect the entire family; however, the impact of parental alcohol or drug abuse can be devastating to a child. In cases involving children, the court’s objective is to come to a custody arrangement that is in the best interest of the child. Parental substance... View More
My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023
Here is a summary of the key legal considerations in this situation:
- In New York, there is generally no legal requirement that a custodial parent inform the non-custodial parent when they enter treatment for something like alcohol abuse. However, significant issues that could impact the... View More
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023
if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 23, 2023
In New York, the legality of this situation hinges on the specifics of the custody arrangement and the best interests of the child. If a custody agreement or court order is in place, both parents are expected to follow it unless there's an immediate risk to the child's health or safety.... View More
A law guardian was assigned by the court (i filed petition to modify custody order from 2020); they asked the child if they wanted to move and they said “no, the child expressed that they were afraid of hurting that parents feelings by wanting to move”…is this a fair assessment of what is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023
In child custody cases in New York, the judge does consider the child's wishes, especially when the child is of sufficient age and maturity to express a reasoned preference. At 12 years old, your child's opinions may indeed be given weight in the court's decision. However, the judge... View More
The judge has ordered 4 sessions (monthly), prior to the actual trial date. What are they looking to accomplish during mediation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023
In your child custody case, the judge ordering mediation sessions before the trial is a common step. The primary goal of these sessions is to encourage both parties to come to a mutual agreement regarding the custody arrangement, outside of the courtroom.
Mediation focuses on fostering... View More
what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?{Ive submitted a substantial amnt of qualifying evidence docs to "show cause" w/OSC motion} I had filed a petition to modify custody two weeks prior to the OSC & got a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
The likelihood of a judge granting a request for custody or relocation during an Order to Show Cause (OSC) Conference can vary based on the specifics of the case. In family law, the primary consideration is always the best interest of the child. If you've submitted substantial evidence... View More
answered on Nov 7, 2023
The family law attorneys here would have the most insight into this, but from a practical standpoint that anyone could point out, there's the issue of insurance. Depending on the insurance plans each individual might have, it's possible marriage could result in the benefit of sharing good... View More
answered on Nov 6, 2023
There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More
I filed petition for modification of custody, change of circumstances. Im confident my petition meets threshold to qualify for change. I have joint legal custody with my daughters father, he has residential. The last order was set forth may 2020, Nassau county NY. Since then I have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
You can file for an order of protection if you believe your child is in immediate danger. This order can include temporary custody arrangements pending a hearing. Document all instances of denied parenting time and unilateral decisions as evidence. The texts you have can also be submitted as... View More
To court date?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
If you've filed a petition for full custody in New York and wish to dismiss it, you should file a voluntary discontinuance form with the court where you filed the original petition. It's important to do this before the court date. Simply not showing up to your court date is not advisable... View More
I have petitioned the court a few days ago for modification of custody order from 2020, however information in regard to the direct form of emotional/mental abuse was brought to my attention by my daughter when I picked her up for my scheduled parenting time. I have evidence of texts. She does not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
Yes, you can file a family offense petition in New York seeking immediate relief if you believe your child is in danger due to emotional neglect or any form of abuse. This can be done in Family Court. When new information comes to light regarding the child's safety, it is important to act... View More
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More
answered on Oct 25, 2023
While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
If a judge in New York has made orders under what you believe to be emergency jurisdiction and the home state of the child is Florida, you may have grounds to challenge the New York court's jurisdiction. In matters of custody, generally the home state of the child has jurisdiction.... View More
I gave my aunt temp custody the paper that was notarized said until sept 21 or until further notice I checked both boxes because we didn’t know which one we were suppose to check
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023
This question address how to construe ("construction" of) an agreement. Although we here cannot see the agreement, we imagine it provides for both contingencies: either the agreement terminates on September 21st, or at any other time presumably sooner than September 21st.
We also... View More
The child l resides with the mother
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
In New York, when a child is born to parents who are not married, the mother is typically granted sole custody of the child by default. This means that the mother has the legal right to make decisions regarding the child's upbringing, health, education, and other matters without the need for a... View More
Be settled, what happens if she has no way to serve them
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023
In New York, when a grandmother seeks visitation rights with her grandchildren and is required by the court to serve legal notice to the children's fathers, it is essential to address this issue thoroughly. If she encounters difficulties in serving the fathers, she should diligently document... View More
My daughter in law was incarcerated out of state. My son went to retrieve her and my grandsons aunt filed for emergency temporary custody. Son and DIL have joint custody. It was a toxic relationship for 5 years. Mother again was incarcerated in NY. Sole custody was granted 2 months ago. I just... View More
answered on Sep 9, 2023
Critical missing information concerns which state granted the joint custody, and did it still have jurisdiction when a court, if different, granted the aunt temporary custody. That court subsequently granted sole custody to the aunt according to you. You then filed for custody after that. Your... View More
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.
