My daughter in law was incarcerated out of state. My son went to retrieve her and my grandsons aunt filed for emergency temporary custody. Son and DIL have joint custody. It was a toxic relationship for 5 years. Mother again was incarcerated in NY. Sole custody was granted 2 months ago. I just... View More 
answered on Sep 9, 2023
Critical missing information concerns which state granted the joint custody, and did it still have jurisdiction when a court, if different, granted the aunt temporary custody. That court subsequently granted sole custody to the aunt according to you. You then filed for custody after that. Your... View More
Waited for my public defender to answer but he is not reachable
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answered on Aug 22, 2023
In New York, when there's a court order dictating communication arrangements between parents and one parent is not following the specified terms, it's crucial to take appropriate steps. Begin by documenting instances where the father is initiating calls instead of the mother as outlined... View More
My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More
answered on Aug 22, 2023
If the order of custody is a NY order, you can bring a petition in family court to stop the move. The best way is by Order to Show Cause so the court can stop the move until the case is heard. See an attorney to help with this if you can.
My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More
answered on Aug 22, 2023
How old is your son? If he is over 18 the courts have no jurisdiction and you can not legally stop your ex from moving with him.
answered on Jul 31, 2023
This is something that family law attorneys would know best. But you await a response for a week. Until you're able to consult with a knowledgeable NY family law attorney, here's a link to a page on this Justia site:
Erie County Legal Aid & Pro Bono Services... View More
I bought a new phone for my daughter because her mother has taken hers for over a week now restricting my communication with her. In addition she has blocked my fiance on her phone claiming the child should not be speaking to her since she is not her mother. If we provide and pay for a new phone so... View More
answered on Jul 31, 2023
You are really asking two questions. Can the custodial parent take away a child's phone? And, can the custodial parent rstrict communications with the non-custodial parent? The custodial parent can set rules of their household and has day to day decision making power. If she feels that the... View More
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answered on Jul 26, 2023
In New York, emancipation is a legal process where a minor gains independence from their parents or guardians. To be emancipated, you usually need to be at least 16 years old, and it's a complex legal procedure. However, at 15, it's unlikely that you can get emancipated in New York.
I believe the father contested the determination but no response from Judge after that. What can I do?
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answered on Jul 7, 2023
If you have filed for child support and have not received a final termination by the Court in Manhattan, it is recommended to follow up on the status of your case. You can contact the Clerk's Office of the court where you filed the case to inquire about any updates or next steps. They should... View More
Supreme Court judge called a “conference” because my ex’s attorney sent him an email/letter requesting his intervention in the choosing of our children’s pediatrician. The letter had specific requests much like a motion would but it was just a letter.
At the conference, the judge... View More
answered on Jun 29, 2023
A Judge has the ability to calendar a case whenever the Judge finds good cause to do so, but it has to be on notice. If the orders include custody decisions and or visitation issues without a hearing, you most likely have an appealable issue. you must file an emergency motion with the Appellate... View More
My estranged husband agreed to signing the divorce papers if I paid for them. I paid for them (online over $300).
When asked about parental planning he wanted no part in the discussion or decision. On multiple occasions he's said he did not want to coparent. He is no longer paying... View More
answered on Jun 23, 2023
This is why you should have hired a lawyer. Submitting divorce papers without both signatures will simply be rejected. You can start separate custody and support actions in Family Court. However, a contested divorce can accomplish all of it. You do not need your husband's cooperation but you... View More
My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... View More
answered on May 24, 2023
Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More
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answered on Apr 11, 2023
The State Department is going to require some additional documentation to establish that you have the right to sign the form without the other parent, if you cannot get the other parent to write an affidavit (signed and notarized), you will have to provide the court order and other documents... View More
My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... View More
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answered on Mar 21, 2023
A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... View More
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answered on Mar 19, 2023
If you have sole physical custody of your child, you may be able to relocate internationally with your child depending on the terms of your joint legal custody agreement and the laws of your state.
In general, relocation with a child may require court approval or agreement from the other... View More
I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More
answered on Mar 19, 2023
First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More
answered on Mar 8, 2023
Being listed on the birth certificate isn't enough. You need to have an acknowledgement of paternity to be the "legal" father or a court order. If there is an acknowledgment all you need to do is file a petition for visitation in Family Court. If there is no acknowledgement, you... View More
The child is now six and father has not seen her in a year. Why does the court not recognize this deadbeat who is sleeping on his mother's floor in her one-room apartment? He was arrested for breaking someone's nose the night before he was to appear in court. What proof is needed to... View More
answered on Mar 7, 2023
Unfortunatley, the law says it is in the child's best interests to have visitation with the non-custodial parent. However, what type of visitation and how often is left to the judge after a hearing. You should meet with an attorney to go over all of the facts of the matter. If you cannot... View More
was never married.
answered on Mar 1, 2023
It depends. If you are depriving the other parent of parenting time then no, you can not. Relocation should not be done without court approval. If you do and the father files a writ of habeas corpus you will be forced to come back to NY and could even lose custody. See a lawyer before doing... View More
was never married.
answered on Mar 1, 2023
The real question is do you have a custody order? If you do, then the father has visitation rights, in which case, you would need to get his written notarized agreement to allow you to move or a court order allowing the move. If there is no order, if the father has been visiting, then again, you... View More
I don’t need the child support. He has other kids to take care of. If he signs his rights over would the payments stop or will New York continue to take the payments?
answered on Feb 28, 2023
(This is for NY) First of all, you should know he cannot sign over his "rights". The only way for his rights to be terminated is a Neglect petition being filed by DSS or he consents to an adoption. Until his rights are terminated, he has to pay child support. The only way to stop... View More
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