Get free answers to your Child Custody legal questions from lawyers in your area.
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... View More
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... View More
Currently in custody trial
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.
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... View More
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,... View More
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.
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.
25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... View More
answered on May 27, 2021
It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in... View More
My wife has had 2 affairs she emotionally and verbally is abusive to my oldest child 13 makes threats to keep her from seeing me on visits when she don’t get what she wants, we have 2 kids she is trying to take from me she has anger issues and control issues we been married 21/2 years what should... View More
answered on May 19, 2021
You should file for custody in Family Court if you too are separated. Otherwise you need to file for divorce with an immediate Pendente Lite motion. Talk to a lawyer.
answered on May 5, 2021
Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... View More
He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in... View More
answered on Apr 22, 2021
Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.
No I have not I just got the letter in the mail my question is if you can help me or not I’m having trouble finding information I bring a four-year-old child into the marriage as I was a single father is biologicalWas deceased we then got married and now she wants to get joint custody is this... View More
answered on Mar 12, 2021
Did you get a step-parent adoption through the court? If she adopted the child then she can get joint custody.
The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... View More
answered on Feb 28, 2021
The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... View More
My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... View More
answered on Feb 22, 2021
The only way to terminate the support to the custodial parent is to have the child declared emancipated, which is a high bar. You need to show that he is self supporting. If he is still living with the custodial parent, and is not making enough full time to support himself, he will not be... View More
I am studying in Halifax NS Canada, and cannot afford a lawyer. She did not notify me through proper channels and with only six days advance warning, and I expressly said I did not consent to have my children move states, school districts, etc. She feels that I do not have a say in the matter. What... View More
answered on Feb 22, 2021
You can file for an emergency order in Family Court stopping the move until such time as the court has an opportunity to decide the issue. Once in the Family Court you can request the appointment of an attorney if you meet the income guidelines. You should know however, that because you do not... View More
The family of the male does not want to be involved in the upbringing of the child and would rather the child be put up for adoption, while the family of the female plans to raise the child. Are there any legal obligations/responsibilities regarding the male or his family since both of them are... View More
answered on Feb 17, 2021
The male will have to pay child support. That obligation may wait until he turns 18 but at some point he will have to pay.
This is a fictional universe of course but I haven’t found much information on the subject. To make it brief, a young girl runs away from an abusive father and winds up on a man’s doorstep who takes her in. He cares for her until months later, the abusive father gets a legal team to seize back... View More
answered on Feb 15, 2021
Under todays' laws the answer would be no however you would need to speak to someone familiar with the laws in 1942
answered on Feb 10, 2021
You would have to read the agreement. Most agreement have a clause that says that the agreement can be changed only by a writing subscribed in the same manner as the original agreement. Take the agreement to an attorney and let them read it and discuss the changes you want to make to see if it... View More
I have pictures, videos, texts for proof from my daughters phone. He’s threatening me to try and give him the phone. My oldest daughter is petrified to go there as they don’t know how he will react for admitting to me that he provided alcohol and marijuana. I have videos going back to last... View More
answered on Feb 9, 2021
The order of visitation stays in place until it is changed. If you believe your children are in danger, then you can do what needs to be done to protect them. You will have to justify withholding the children to the judge. You should have a consultation with a local lawyer ASAP to discuss the... View More
I'm currently under my mothers custody but I've experienced some abuse as a child and currently we have alot of issues. My dad can have me but he wants to know if there is anything I can do for my custody change.
answered on Feb 9, 2021
Your father would have to file a petition for a change of custody. You would have to tell the judge that you want to live with your father and why.
how can he get away with it for this long and I need it to change my sons last name
answered on Feb 6, 2021
Legal custody is required to hold on to the Social Security Card. If the mother of the child has legal custody, and the Paternal Grandfather has no legal custody, then the Grandfather cannot keep the card.
If some other custody situation exists other than what is described above, then the... View More
The custodial parent will not agree to a change in payments because obviously she wants more money. And the court won't modify it so that I can afford to pay? I am $18k behind in arrears you would think they would modify it so I can pay?
answered on Feb 3, 2021
I assume this is a New York case even though you live in VA. The court will not modify if you lose your job or change jobs voluntarily. You need to prove your loss of income was no fault of your own. You should speak to a lawyer.
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