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..
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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
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 »
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 »
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.
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.
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 »
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.
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 »
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.
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