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New York Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Family Law for New York on
Q: With a custody order in New York already, how can another state end up with full jurisdiction

She took my boys to Arizona despite a custody order in ny stating she couldn’t. Then filed an oop and got emergency jurisdiction in az. Would Arizona be able to take permanent jurisdiction?

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

Under the Child Support Jurisdiction Act, whatever state thew child has resided in for 6 months is the state of jurisdiction. If she has resided in Arizona with the children for 6 months then Arizona has jurisdiction. You can still fight the case but it would be in a Arizona court. You can also... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: What court case is the people vs. Crampie? Its a child abuse, medical neglect, custody case?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 9, 2020

That would be a criminal case.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: My husband and I are separated, he will not let me take the kids. I currently live with my bf.

The kids came with me when I separated from my husband. We are still legally married. He said he will take the kids for the weekend and now he won’t let me take them back. Can a police officer help with this issue?

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

You may need to seek a custody order, assuming you currently don't have one. From the facts provided, I'm not sure if you have a formal separation agreement in place, and if so, what it stipulates. But establishing your custodial rights through a legal process may be your best option.... Read more »

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2 Answers | Asked in Divorce, Family Law, Child Custody, Child Support and Immigration Law for New York on
Q: I have been married since 2015 and we have a child together—he is 5 years old.

Due to irremediable changes in the relationship, I recently canceled the spousal visa process I have been doing for him for 4 years now. Our immigration lawyer does not know what this means for his future now that his legalization process is no longer, but I need guidance navigating my situation... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 4, 2020

You need to post this in the immigration forum, not the family law forum.

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2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Is it illegal for my childs mother to have received support when she didnt have custody if my child?

Court case was opened requesting custody by childs great grandparents. In the court filing it was listed as my childs residence with them since 2016 when CPS removed the child from the mothers custody without any attempt to communicate this with me. Have been charged and paid support to a... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 30, 2020

You need to lawyer up immediately. Consult with attorneys to see if you can find a good fit and price. My office handles these matters regularly.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: If you and your ex has joint custody of your child. Does he have the right to tell me he won't bring her to me?

The car I use to go and get and drop her off with is having brake problems.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 17, 2020

If the agreement says that you have to do all the pick-ups and drop-offs, then it is your responsibility to do it. He should cooperate under the circumstances but he doesn't have to.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: My ex-wife's partner is mistreating my children but not enough to involve CPS.

I have asked my ex-wife to discuss with her partner and I but she is refusing to communicate with me.

My sons (12 and 14) have reported to me that my ex's partner is mean and physically grabbed one of them 1 month ago. I reached out to CPS but since the latest incident happened in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.

2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.

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1 Answer | Asked in Child Custody and Child Support for New York on
Q: I pay 1600 A month in child support and recently I found out that the mother moved to NJ. What rights I have?
Howard E. Knispel
Howard E. Knispel answered on Sep 6, 2020

Did the mother move to NJ with the child? If so, she is still entitled to child support. You can file a petition for custody if she is denying you visitation, or changed your ability to visit with the child. You should speak to a lawyer about this.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Question Regarding Guardianship in NYS Family Court

I have a NYS Family Law question regarding Custody/Guardianship.

I currently have a court date scheduled for Guardianship of my cousin’s children who were removed from her care in June by CPS due to severe abuse & neglect along with mental illness and drug use.

The court date... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 3, 2020

Since you have guardianship of the children you can file a writ in Family Court for their return that would get you into court much sooner. At the same time you can file for guardianship of the other child.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: I want to leave my current relationship. We are not married, but we do have two children together; 3yo and 7mo.

I was going to leave and he said that if I did, he would only let me take one, not both. He said that in ny I have no more rights to them then he does and so the cops cannot get involved. That they cannot stop me from leaving with them but that if he is physically holding one, they cannot make him... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 3, 2020

To begin with, if there is no acknowledgement of paternity signed by both of you he is not legally the father in NY until he goes to court and gets an Order of Filiation. If there is an acknowledgement, you can just leave with both children when he is not around and then file for custody in Family... Read more »

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1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for New York on
Q: Hello! I was wondering how I could terminate my biological parents rights? He is abusive and I'm looking for a way out.

I have 2 siblings whom dont get the same treatment that I do and both of my parents are in law enforcement, I'm not gonna specify what they do to me because I dont wanna type it but lets just say it takes up my entire day and leaves me with no time for school work. My mom is abused as well but... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2020

Unfortunately, the only way to terminate parental rights is for the Department of Social Services to file neglect petitions against your parents. Once you are 18 and self supporting, you no longer have to have contact with your parents if you don't want. At this time you have to either stick... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Son father is homeless endangerment of a child charge a full stay away in place what's the chances I win full custody
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 24, 2020

Based upon what you have indicated, there should be no problem getting custody

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2 Answers | Asked in Child Custody and Child Support for New York on
Q: I am filing for full custody of my child will the father still have to pay child support

The father has an active stay away child endangerment charge and there is an open domestic violence case

Michael J Stachowski
Michael J Stachowski answered on Aug 23, 2020

Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... Read more »

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3 Answers | Asked in Child Custody and Family Law for New York on
Q: Can I move back to another state with my daughter while separated from my husband?

We lived in Chicago for 3 years while my husband was in graduate school. I separated from my husband over a month ago. He has been verbally and emotionally abusive,and one day he became physical in front of our child, and I ended up at the police station filing a report for domestic violence.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 20, 2020

If you have lived in NY for over 6 months then NY is the home state of the child for custody and visitation purposes. If you were to move without your husband's agreement, he could bring on an action for custody. If that happens, the court can order the child to be returned to NY. You would... Read more »

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1 Answer | Asked in Child Custody for New York on
Q: Hello I work FT at home with a salary higher than my wifes... if we divorse would I more likely get full custody?
Howard E. Knispel
Howard E. Knispel answered on Aug 16, 2020

Your salary is not a determining factor in custody. The court will determine what is in the best interest of the children. Salary will be determinitive in child support. Spewak to a lawyer.

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: can a 15 year old decide with which parent she/he wants to live if they divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 10, 2020

A judge will speak to the child to see what his wishes are if the parents don't come to an agreement. While the child's choice carries a lot of weight, it is not binding on the court and the judge still has to decide what is in the child's best interests. If the child turns 16... Read more »

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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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