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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 cousin in law got custody of my daughter in 2012 when I got arrested and incarcerated.. I have been fighting to

Get her back and she is now 14 and she says she don't wanna come with me.. how can I still get her home where she belongs even tho she is staying this to me and the court

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 11, 2019

It is going to be very difficult to do. You will have to have a hearing and be able to show that it is in your daughter's best interest to be returned to you instead of staying where she is. You really have to speak to a lawyer and go over all of the facts of your case to get a better assessment... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What do I need to know to prepare for court NYS for child custody if I was unmarried at the time of the child's birth?

My child is 7yrs old. We were unmarried at the time of birth. Her father has had no physical contact since she was 6mo old and the last verbal contact was in 2014. There is an open child support case but he has not made any payments in over 9 months. I am wanting sole custody so that I may make... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 3, 2019

Based upon what you have said, you have defacto legal and physical custody of the child as the father has never been part of the child's life. I would recommend that you do nothing until such time as it becomes an issue.

1 Answer | Asked in Employment Law and Child Custody for New York on
Q: If i get fired and i dont know the reason, can i go back and ask why i got fired?
V. Jonas Urba
V. Jonas Urba answered on May 28, 2019

Always a good idea. If you apply for unemployment the employer might claim you quit. So make sure you tell the employer this was not your choice and remind them that you needed and wanted the job. Ask why me?

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for New York on
Q: Help, my ex violates the custody order all the time and then when I do not agree to his demands, he calls cops?

Blames me for everything, calls me names, doesn't follow the order, the order his lawyer omitted parts that were agreed upon. My lawyer stopped calling me back, I have tried 5 times since the end of March. Been going through this for 3 years, our son is 3 1/2, I get followed by his father and who... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 22, 2019

If he is following you around (need to have dates when you saw him) and he constantly calls cops when you don't agree to his demands, you probably need to file for an order of protection. As for omitted parts of an order, if the agreement was in court, you can get a transcript and refile the order... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: my grandson has lived with me for 2 1/2 years. He is 17 1/2 years old. Can he live with his dad now? I'm in agreement

My daughter is on drugs, had 3 CYS cases opened and closed on her, I moved to NY and she gave me guardianship over him. my son in law had a PFA on him which had no basis, it is over now. My grandson wants to live with his dad and I am in agreement. She lives with a drug dealer most times in filth... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 17, 2019

To begin with, you should know that when your grandson turns 18 the NY courts cannot grant custody orders. In essence, an 18 year old can live with whoever they want. As the child's guardian, you can allow him to live with his father now or just wait until the child turns 18 when he can just go... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: I am a grandparent of a newborn, both parents are mentally ill.Can I file in family court for visitation?

My son is schizophrenic and his girlfriend also has a mental disorder and she is also an addict. I was able to visit with my newborn grandson on Monday evening when I spent time cooking my son's girlfriend dinner in their apartment in Oneonta and my grandson Jayce was there also. Upon returning... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 16, 2019

Grandparent visitation is available in New York if you meet certain criteria. You have to show that you had a relationship with the child or you attempted to have one but the parents didn't allow it. I suggest you consult an attorney to discuss all the facts of your case and to prepare the Family... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: I’m from N.Y Can I leave with my kids before filing for divorce or is it considered abandonment? I’m a stay at home mom

I want to move out of our house before filing for divorce. Would that move hurt me in the long run? I’m taking the kids after they’re done with school in June. Please help.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 3, 2019

It could be a problem. Both of you have equal custody of the children, and your removal of them from their home may not sit well with the court. Depending on where you want to move it may also be a problem as they will be leaving their school and friends. I strongly suggest that you sit down... Read more »

1 Answer | Asked in Child Custody and Health Care Law for New York on
Q: Am I forced to have a procedure done on my child who already has shown improvement in health without this procedure?

My child has recently gotten sick he appeared to be lethargic and we were concerned not wanting to wait the next day we went to the nearest emergency room at this E.R. we were immediately suspected of being bad parents and neglectful of our child an attendee accused that we had let our child get... Read more »

Nina Mironenko
Nina Mironenko answered on Apr 24, 2019

Absolutely not. Get your child's pediatrician on your side and have her/him provide documentation of your child's improvement.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?

My husband wants a divorce. But is filing for the divorce in South Carolina, knowing i can not afford to make the trips back & forth down there. He also wants me to sign uncontested divorce papers, allowing him to have shared legal custody. I currently live in Suffolk County , NY in the same... Read more »

Christine Moccia
Christine Moccia answered on Mar 10, 2019

Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com

1 Answer | Asked in Child Custody and Child Support for New York on
Q: No custodial parent and equal nights in the court order but one parent only chooses to see child 4 nights of 28 a month?

Who would pay support in this case?

Nina Mironenko
Nina Mironenko answered on Mar 7, 2019

The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.

1 Answer | Asked in Child Custody and Child Support for New York on
Q: New custody order for our 5 year old and we split half nights each month with no custodial parent, who pays support?
Nina Mironenko
Nina Mironenko answered on Mar 7, 2019

All depends on the incomes of the parents. If they are close to equal then no support. If one makes a lot less than the other, then the "monied" parent could be ordered to pay support.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: I am under court order to pay child support plus arrears. I may have to move out of state for employment. What is laws?

I am noncustodial having paid my support plus arrears until lose of job. I have filed for modification to have relief of support until employed. Can NYS force me to stay in NYS, and can court date be expedited because of move to earlier date

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

I see no reason or general legal basis to prevent you from moving anywhere you want, as child support orders require specific payments on a monthly basis. Why not stay in state and file for additional parenting time? More details are necessary to provide a professional analysis of your issue. The... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for New York on
Q: What rights does a noncustodial father who has paternity of child & wants to file for child support on himself joint cus

What rights does a noncustodial father who has paternity of his child & wants to file for child support on himself to apply for joint custody, can he apply for joint custody without applying to give child support, how soon should he do this and how will it affect his income. He loves his child and... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 24, 2019

Child support is ordered at the discretion of the court in compliance with the law and after reviewing the facts on both sides. A parent can file for child custody, visitation, and child support via pleadings submitted to the court and served on the other party. The NY courts website and local law... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How many days before a trial does my ex have to produce his witness and subpoena list

It is an all day trial an did not know he was bringing witnesses

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

I am custodial parent dad with "final say" She pays child support & maintenance hasn't paid last 2 months without any notice or real explanation and paid late in November owes $4500 short. found out she is in Asia now for 3 weeks on vacation no notice. Next payment due Feb 1st. My 4 kids live... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 22, 2019

Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can i help my 18 year old friend who is being held captive by his parents who wont let him communicate with anyone?

My boyfriends parents have always been strange and crazy parents. They decided to tale away his car and phone so she couldn’t communicate with anyone or do anything. They are not letting him leave his house or do anything. Hes all alone and im worried for him and the way he’s being treated. Is... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

If someone is truly being held captive and against their will, e.g., locked up, one can report the crime to the police. If he is agreeing to their terms in exchange for living in their home, that is a different story. More details are necessary to provide a professional analysis of your issue. The... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I move out of state with my children?

I have full custody of my children. I am married but haven't lived with my husband in 6 years. He has not seen or spoken to the children in 2-1/2 years. I want to move out of state to give my children a better life. Can I move if he doesn't want me to take the kids that far? I live in NY.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2019

You may want to consider filing for divorce and child custody rights to help protect yourself from any abduction claims from him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio
Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

The court can assign an attorney to an individual who is financially eligible.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I'm filing for sole custody of my now 10 month old. Her father hasn't seen her in 4 months. Should I get a lawyer?

There's a support order in place only. And that's all he cares about. He doesn't call to check on her, ever. He has no bond or attachment to her. I provide everything she needs and I'm her sole caretaker. I tried on several occasions to reach out to him to be a part of her life and I always get... Read more »

Nina Mironenko
Nina Mironenko answered on Nov 27, 2018

I would actually wait another 6 months just to be safe. If in the meantime he asks you for parenting time, you can then not allow it and go into court on the basis that he hasn't had any contact with her and she isn't at all familiar with him.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: I want to leave the state with my kids ex refuses. Can i make a deal instead of him going to jail forgery let me leave

He forged my signature on our tax return and kep the money. I have proof and can have himarrested for forgery but would rather not do that if i can leave the state. Can i make a deal like this?

Nina Mironenko
Nina Mironenko answered on Oct 14, 2018

In New York state parties can contract to pretty much anything they want. As a practical matter, I don't think you're holding anything over him. If he kept the money while the two of you were still married/living together, and you got divorced after the refund was received by him, or into a... Read more »

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