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New York Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: With joint physical custody does one parent owning home and other renting impact what school child attends?

The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 23, 2020

Owning or renting a home ios not a relevant factor, in and of itself, in determining custody.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Is it possible that if one of your children supposedly tested positive for methamphetamine and you not be charged

One of my children supposedly tested positive for methamphetamine but I was never charged or convicted for child abuse and neglect because it couldn't be proved that it was me the reason she tested positive but my kids are still in foster care. how is that. Things just don't make sense or... Read more »

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

If you live in Tennessee you should post this in that state.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I live in a different state with ex who filed for divorce 1st but kids live with me. which state has jurisdiction?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over... Read more »

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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: How can I get the divorce to go through?

My stbx lives in Canada. I live in NY.

I sent him uncontested paperwork because we were on the same page and made a custody agreement and was delivered on May 5th through USPS with a signature required. I asked him if he signed and returned the papers and he still has not sent back because... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

If you are talking about an uncontested packet, then unfortunately there isn't much you can do except restart the process by having someone serve his personally with the papers. You are not allowed to serve papers and as such time does not start to run until he is served properly.

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My wife left home for Covid but wants a divorce-she wants to come home with my kid for few weeks - what should I do
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

You really need to sit down with an attorney and go over all of the facts of your case this isn't something you can do on this forum.

2 Answers | Asked in Child Custody, Criminal Law and Family Law for New York on
Q: Can I Sue My Childs Mother If I Was Arrested And Injured For Her Frivolous Statement?

Case was dismissed But it left me in a lot of misery until this day

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

The answer unfortunately is no

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2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: My soon to be ex wants to get full Custody of the kids (10 and 8 yo) while planning moving back to Russia with them

Who will have more chances to get custody - me (staying in US) or him moving kids back to Russia. They are born and grew up here?

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

He has a heavy burden if he wants custody first he has to show the children are better off with him and then he has to show that the children's lives will be enhanced by the move to Russia.

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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Mother wants 15 YO to babysit 3 kids on her week with the kids over 10 hrs a day while at work is this legal WO license?

My ex-wife wants to have a family member who is 15 YO to babysit 3 kids (4, 8, 9 YO) who are currently doing remote learning and need constant supervision and help. Her plan is to have the 15 YO watch all 3 boys without any adult supervision for over 9-10 hours a day, 5 days a week, every other... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 9, 2020

15 YO are used as baby sitters all the time especially during the day. This is something you have to work out with your wife or get the lawyers involved.

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Can I ask a "right of first refusal" when it’s not in the current child custody agreement.

I currently have a temporary custody agreement with my ex-wife until we can finalize our divorce which give us both legal and joint custody. The “right of first refusal” is on our draft but not signed agreement. She is returning to work due to covid restrictions being lifted. She wants a 15... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 9, 2020

If it is not in the signed agreement, it does not exist. You can file a petition in court to add that provision, but a judge will have to decide whether it is in the best interests of the child.

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1 Answer | Asked in Child Custody for New York on
Q: Does my custody order expire when my child turns 18?

My order states I cannot move more than 50 miles away. I'm looking for a better life with my family outside of the 50 miles. Once my son turns 18, am I free to go? Does it matter that my son has a disability?

Howard E. Knispel
Howard E. Knispel answered on Jun 9, 2020

Custody orders do expire at the age of 18. However, child support orders expire at 21. If you move so that the non-custodial parent can not visit with the child, the non-custodial could try to petition the court to terminate support. I am not saying it will be successful, but an argument can be... Read more »

2 Answers | Asked in Child Custody and Family Law for New York on
Q: I want to move 5 miles away, which happens to be across state lines. Will I lose my share of custody if I do so.
Howard E. Knispel
Howard E. Knispel answered on Jun 2, 2020

What does your custody order say? You need to see if there are any geographical restrictions. If not, then you are probably fine, but have it reviewed by your lawyer.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: My legal guardian (aunt) posts planning on abandoning us. My brother is still only 17, what can we do?

I am 18, my brother is 17. Our paternal aunt and legal guardian is planning on abandoning us and moving out of the state. We cannot financially support ourselves if she leaves, let alone abandon a minor who she still holds custody of. What can I do to ensure that my younger brother is financially... Read more »

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

You can bring on a support petition in family court.

1 Answer | Asked in Child Custody for New York on
Q: How do you prove that my children's father's income has increase almost 50%?

He claimed at our first hearing that his income was $300 a week (2007), when I asked if he got any pay raises he always said no. I have had several people report to me that is income is now $450-$500 a week plus his employer is leasing a couple hundred acres from him. He has also sold all live... Read more »

George E. Patsis
George E. Patsis answered on May 30, 2020

File a petition to modify the child support order. You can call witnesses and your attorney can subpoena his employment records and the lease.

1 Answer | Asked in Child Custody for New York on
Q: My mom has custody of the grandkids but my sister came and took them and won’t bring them back now what????
George E. Patsis
George E. Patsis answered on May 30, 2020

You should call the police. You can also file a petition for habeas corpus.

3 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: For a family court case if the mother is a resident of NY and father KY can the case be brought to NY??

The court case was started in KY because of ex husband. My lawyer in KY is not contacting me when court is in session. They have not put my daughter on the custody or support case (born Feb 2020) and my ex husband is lying to the judge about the circumstances of myself and my son moving back to NY... Read more »

George E. Patsis
George E. Patsis answered on May 29, 2020

It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be... Read more »

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4 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Can you modify child support with an active Supreme Court divorce/custody case when you lose your job?

I've been paying child support and when I lost my job I paid what I could from my savings until depletion. I fell into arrears and took out a loan to catch up with child support but not sure I can keep doing this without income. Can I modify child support while my case is still active in... Read more »

Nina Mironenko
Nina Mironenko answered on May 29, 2020

Yes you can. Your attorney should be able to help you by filing a motion, or ask for a conference with the judge. You need to show inability to pay and that it is not wilful - meaning you are trying to find and take any kind of job you can right now in order to support your children.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does an unsigned draft order (contested by ex-wife) supersede a signed temporary court order (expired) in family court?

Regarding to children's schedule during holidays and birthdays. The signed temporary court order (expired) has no mentioned of parent's birthday, only Thanksgiving and Christmas. Ex-wife chooses when to use draft or signed court order to her benefit. We also agreed to change schedules... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 28, 2020

Unless the draft order is one that was done on consent of by court order, then the signed temporary order controls. Temporary orders expire only if they say they do or the events in the order have already happened. You should also be aware that due to the courts being closed, all temporary orders... Read more »

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2 Answers | Asked in Child Custody for New York on
Q: Can my ex girlfriend keep my child a secret from me?

My ex got pregnant and she told me that she miscarried, but really she had the baby and has been keeping it a secret ever since. Do I have any legal rights in this situation? She cant legally keep my child from me? Can she?

Howard E. Knispel
Howard E. Knispel answered on May 27, 2020

You can file for paternity as part of a custody petition. If you are the father you will get visitation and you will pay child support, unless you become the custodial parent. Talk to a lawyer.

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: If i am the custodial parent Is advancement in my career sufficient in requesting change of address?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 26, 2020

When you say change of address do you mean a relocation out of state or just moving to a new location in the state? You should consult an attorney about the facts of your case and bring your Judgment of Divorce and Separation Agreement so that can be reviewed at the time of the consultation and... Read more »

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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.

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