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New York Child Custody Questions & Answers
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... View 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... View 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
PREMIUM
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... View 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,... View 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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2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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

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2 Answers | Asked in Child Custody and Divorce for New York on
Q: I’m on the verge of divorce

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

Howard E. Knispel
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Howard E. Knispel
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.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I am the custodial parent and my son lives with dad 2 nights one week and three the other.

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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.

1 Answer | Asked in Child Custody and Divorce for New York on
Q: Hello Am I able to ask a question in regards to a divorce

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

Jodi Ann Donato
Jodi Ann Donato
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.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Would a judge approve a vacation if 1 of the days falls on a day that the noncustodial parent has?

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

David Ivan Bliven
David Ivan Bliven
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

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you get your case set up to pay your 19 year old directly for support?

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
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

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: If my ex spouse moves to a new state with my children against my wishes, is it parental kidnapping?

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: If a minor (14M) gets another minor (14F) pregnant, is there any legal responsibility for the male?

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I’m a young adult writing a novel that takes place in 1942. Would harboring a runaway be punishable?

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Legally separated since 2016. Can parts of separation be changed when filing for final divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My ex giving kids beer and pot. Can I keep them with me until we go to court or is it violation? What do I do?!

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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

1 Answer | Asked in Child Custody and Divorce for New York on
Q: What can I do as a 15 year old for my custody to change?

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
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.

1 Answer | Asked in Child Custody and Social Security for New York on
Q: what if the paternal grandfather is keeping their grand childs social security number from the mother

how can he get away with it for this long and I need it to change my sons last name

Kenneth Prigmore
Kenneth Prigmore
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...
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1 Answer | Asked in Child Custody for New York on
Q: The court will not modify my child support payments even with a -$20,000 change in income. Is this legal?

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?

Howard E. Knispel
PREMIUM
Howard E. Knispel
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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