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New York Child Custody Questions & Answers
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... Read 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... Read 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
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.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Co-parent with equal custody and visitation is requiring to see a negative COVID test from me before I see my daughter.

I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 31, 2021

The order is the order and must be followed as written. There have been several reported cases which say that. You have the right to file a violation petition and a writ to get your daughter. In the end, it will be up to the court to decide if the mother had the right to withhold your daughter.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Litigation for New York on
Q: me and my grandmother had a big fight and shes practically kicking me out. what are my options In leaving? I'm only 16.

she wont pay for anything I need anymore including famine products hygiene products or clothes or anything I need. I tried moving in my mother but my grandma said that its court ordered that I cant live with her until I'm 18. can a court do that? how can it be possible that I can live with her... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 18, 2021

First you need to speak to your mother and find out what orders if any there are. Once you know what the order says if anything, you can speak to a lawyer to get information on what to do. The alternative, is to go to family court and file a petition for support from your grandmother as she is... Read more »

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

Theodore Alatsas
Theodore Alatsas answered on Jan 7, 2021

Custody is rarely based on the ability of one parent to get a job. Its about a lot more than that. It is not likely to be a factor against that party. In order to change custody, there must be a change of circumstances that relate to the best interests of the child. If the mother is without a... Read more »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my... Read more »

Victor M. Feraru
Victor M. Feraru answered on Jan 3, 2021

You’re going to need to get an emergency order of protection. Can you call law enforcement to get it or get a temp order in court.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I am divorced and custody is settled My daughter does not want to leave me for the past 8 months to visit her dad.

I was just sent a letter frommy ex's lawyer that this lawyer will be seek an order of contempt of court against me as well as other relief. What do I do if my 5 year will not go

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 22, 2020

The courts say you are the parent and the child does what they are told. As far as the courts are concerned a 5 year old is not in charge and you are required to follow the court order for visitation.

1 Answer | Asked in Child Custody for New York on
Q: what can i do if my ex is denying me my requested vacation time with my children according to our custody agreement?

i want to respond to my ex & tell him i don't think he can deny me the vacation time I requested w/out having some prev scheduled conflict per our custody agreement but he thinks he has the right to tell me no. who can help me interpret custody agreement? i hope to get answer soon as the... Read more »

Michael J Stachowski
Michael J Stachowski answered on Dec 5, 2020

He cannot deny you if its in the agreement. however Christmas schedules spelled out in the agreement may trump the vacation access. A lawyer would have to read the exact language of the custody access agreement to give an absolute answer. That being said if you have primary custody and there is no... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: how can i

I was awarded full custody of my daughter back in 2010 in kings county family court I had been raising her myself up until 2016 when the mother came from Suffolk county and took her i did all the running around to courts ping pong for two years but nobody really took any action sufffolk county has... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 16, 2020

It all becomes a question of what orders may have been issued. If you still live in Kings County, go to family court and file a writ, the mother will have to appear in court with the child and if you indeed have a valid order, you will leave the court with the child based upon your order.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: if their is already a custody paper set can i just send in the copy of that or do we have to go through that again

Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

You do not indicate who you are sending the custody order to. Once there is a custody order, you should get copies that are certified by the court and submit them where needed. For custody to be changed, there would have to be a petition or Order to Show Cause filed outlining the reasons why... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for New York on
Q: My 18 year old left NY to Nebraska to stay with her girlfriend & parents. Parents never told me. 19's legal, what to do?

I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?

Howard E. Knispel
Howard E. Knispel answered on Nov 5, 2020

While I can not comment on Nebraska law, in NY the age of majority is 18 and a NY court will not take a case incolving the custody of an 18 year old.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I make my kid's father give me their vital documents?

Recently had an emergency hearing to gain sole legal and physical custody of my children. Their father has been holding on to their birth certs, SS cards, and insurance cards and is refusing to give them to me. I understand I can order copies but this would cost extra money that I'd much... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 2, 2020

You do not say whether the court granted you sole custody. If so, the court can order the father to turn over the docs.

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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.

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