Lawyers, Answer Questions  & Get Points Log In
New York Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can charges be pressed against the other parent from keep a child away from non custodial parent?

My son mother has changed her number and has keep me from my son since nov2019 and this isn’t the first time

Nina Mironenko
Nina Mironenko answered on May 18, 2020

Not criminal charges, but she could lose primary residential custody.

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Please help me!!! How can I stop my girlfriend from taking my son to Alaska?

Our son was born In Florida, my job requires me to travel so I bought a camper so we can all be together as a family.. I’m the only one that works, she stays home. I CANT HAVE HER TAKE HIM TO KODIAK ALASKA..

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 18, 2020

If you are all living in NY, you can bring on a petition for custody in Family Court. That would stop the move until a judge decides custody and if your girlfriend can move to Alaska with the child.

View More Answers

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: There was a contested divorce over ten years ago which led to an agreed settlement, giving the father physical custody.

On paper, there is legal joint custody with visitation for the mother. However, the dad often decides on his own and my input was seldom heard. The agreed child schedule has been half the week, every week. Child is with mom every Wednesday to Saturday, with dad every Saturday night to Wednesday.... Read more »

Nina Mironenko
Nina Mironenko answered on May 7, 2020

The threshold for having a hearing for a change of custody is a "change of circumstances" since the original order/stipulation. If you can prove that there has been a change in the way the father supervises the child, etc. and that it would be in the best interests of your daughter to... Read more »

View More Answers

1 Answer | Asked in Child Custody for New York on
Q: If non custodial parent says she cannot pick child up for her visitation what do I do?

We agreed in court to 50/50 transportation but it is not in our custody agreement. I’ve been doing all transportation for non Custodial parent to see child for 8 months even though we agreed on split transportation. I’ve told her I cannot drop him off anymore and she will have to figure out... Read more »

George E. Patsis
George E. Patsis answered on May 5, 2020

The reason for the non-custodial parent's inability to transport the child is an important factor. Is the non-custodial parent disabled, unlicensed to drive, or have some other legitimate excuse for being unable to provide transportation? Did the custodial parent move a far distance from the... Read more »

1 Answer | Asked in Child Custody for New York on
Q: I gave up custody of my son to my mother and she is refusing to allow me to see him , what can I do?

I willingly gave over custody

George E. Patsis
George E. Patsis answered on May 4, 2020

Without a clear understanding of your case, and a thorough review of your legal documents it is impossible to answer this question. I highly recommend you seek the advice of a Family Law attorney.

The termination of parental rights generally results in loss of custody AND visitation rights....
Read more »

1 Answer | Asked in Child Custody for New York on
Q: Can you transfer full custody that mom has to another parent dad the kids have been living with without going to court

Kids been living with the father for 3 years . But father does not have joint or full custody on paper. The mother see kids once every 4 to 6 months for a hour or 2 the most . Kids are under 11 years old. She takes all their benefits as well. father is an independent contractor. Works very hard... Read more »

Howard E. Knispel
Howard E. Knispel answered on Apr 19, 2020

He needs to immediately file for custody, something he should have done 3 years ago. HJe should also file for child support. Speak to a lawyer.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have a 15 year old daughter who is pregnant. She wants to go to a foster home. She will be unfit to parent her child.

How do I get custody of my grandchild? I can provide a loving home for him as well as all the essentials. The child's father is a 14 year old who doesn't go to school (especially now since Covid-19), obviously doesn't work, and smokes weed.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 12, 2020

All you can do is file a petition for custody. It will be up to the courts to decide but you should know that a parent has a superior right to custody.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can a parent override a PINS if that parent takes custody of me ?

My parents are separated but it was my moms idea to put me on PINS. I was allways against it as it’s unnecessary and now my dad is starting to see how negatively it’s affecting me and how unnecessary it is. We’re talking about me moving in with him and if there is a custody battle is it... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 12, 2020

If the determination has been made, a change of custody will not change the determination.

1 Answer | Asked in Child Custody for New York on
Q: My grandson is 17 and his other grandma has custody ,she wants to give him to his aunt , he is living with her in S C

What are his rights to choose

Howard E. Knispel
Howard E. Knispel answered on Apr 3, 2020

South Carolina has jurisdiction. You need to post this in a SC forum.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Where do I file for modification on custody order?

Me and the father of my child have joint custody. Placement was with me here in NY but changed in August cause she wanted to move in with him in WV. Now she is wanting to move back with me but I'm not sure where to file. NY or WV, cause they are both telling me to filed in other state. The... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 31, 2020

You have not indicated that the original order was modified to give the father custody. If there was no modification, nothing needs to be done. If there was a modification, as long as the original order was from NY and the modification was done in NY, NY has jurisdiction and you can file in NY.... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is in an abusive relationship. She has an 10 yr old daughter that's not the boyfriend's but has a

3 month Old son with him. She wants to leave and come home with me. He said he'll call the cops and CPS if she does. Because I don't have an actual bedroom for the daughter or baby. Does that matter? It would be temporary til I can get her somewhere else to live. She doesn't have a... Read more »

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

Your daughter can move in with you. The police will not do anything except tell everyone to go to Family Court. CPS won't get do anything unless the children are in danger. Your daughter should move out and immediately go to Family Court and file a Family Offense petition and ask for a... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Hello I'm married currently and I'm uncertain if its leading in a near soon divorce.Iam also pregnant and my husband

Is denying our unborn child and refuses to sign or appear in court for paternity can I Savage DNA as proof for child support in the near future

Howard E. Knispel
Howard E. Knispel answered on Mar 17, 2020

The legal presumption in New York, that any child conceived during the marriage is the child of the husband. Unless he brings a paternity action to rebut that presumption, he will be, under the law,. the father of the child. You do not have to do anything. As soon as the child is born, he will be... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year year old son.

Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year old son. I am interested in filing for uncontested divorce and i do want to include child support into the divorce proceedings. My husband already has a child support case for his 14 year... Read more »

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

You ask many questions and really need to sit down face to face with an attorney to get the best answers based upon the facts of your case. In regard to a divorce, the divorce includes custody and child support as part of the proceedings. Depending on the judge, you might be able to get temporary... Read more »

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for New York on
Q: How does a lawyer ensure an abusive mother doesn’t obtain custody

HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2020

If the father files for custody, the court will appoint a lawyer to the 16 year old who will represent him at all stages of the proceedings. That lawyer will tell the court who the 16 year old wants to live with. The judge will also speak to the child in her office (chambers) to see what the... Read more »

View More Answers

1 Answer | Asked in Child Custody for New York on
Q: I was issued a subpoena to attend and present records in a custody battle for one of my students. The attend the trail

And was sent home Bc the judge was sick and they had to reschedule the hearing. My question is do I have to appear on the new trial date which was sent to me via text message

Howard E. Knispel
Howard E. Knispel answered on Feb 26, 2020

If a subpoena requires attendence, it does so on all adjourned dates. Are you sure it requires your attendence and not just the certified records? Often when we want records admitted and we do not need addiitional testimony, we issue a Subpoena Duces Tecum which only requires attendence if the... Read more »

1 Answer | Asked in Child Custody for New York on
Q: My brother has a girlfriend who is 7months pregnant with his child. She’s from Russia and she bought a plane ticket.

She’s going back to Russia tomorrow. She has an expired student visa and most likely not coming back to the states. Can he do anything to stop her from leaving with his child

Howard E. Knispel
Howard E. Knispel answered on Feb 24, 2020

Since the child is not born there is nothing he can do from a Family Law perspective.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: With evidence of alcohol abuse, mental problems, drug conviction, domestic violence, can visitation be denied?

I have a 5 year order of protection, he also physical abuse me while the baby was present, he has not paid child support and he hasn't had any contact with the baby since she was 6 months of age. I think at this point that relationship will affect her development.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 24, 2020

Visitation is a right of the parent AND the child. Unless the child has been abused or is in danger, visitation cannot be denied. However, it can be supervised, meaning the parent with the problems will not be left alone with the child at any time.

View More Answers

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I live in NY and my daughter lives with her dad in PR, how can I go about getting visitation and custody?

She’s lives with him for almost 10yrs, she’s turning 12. She lived originally with me here in NY when she was a baby but due to certain circumstances it led to me speaking help in PR from my mother and due to a hurricane my daughters dad asked to keep our daughter so that she wasn’t staying... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 5, 2020

Since the child lives in PR for the last 10 years, you would have to file for custody and visitation in PR. You may be able to appear by phone if the court allows it after filing the papers. You should speak with a Family Law attorney in PR.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

Disclosure of all assets is mandatory in all divorce actions. There is no way around this. If some of the money was yours before marriage that may be separate property that your husband can't get but is still has to be disclosed. You should retain an attorney to help you.

View More Answers

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.