I need a protective order and divorce help please
answered on Feb 26, 2023
If you are in immediate danger call 911
The National Domestic Violence Hotline is 800-799-7233
Safe Horizon contact is 1-800-621-HOPE (4673)
There is also Freedom House (domestic violence shelter for victims of domestic violence and their families)
212-400-6470... View More 
my attorney says he can't represent me anymore because the court pays little.
Can I pay the difference (credit card debt) if I want to keep her as my attorney
answered on Jan 31, 2023
Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... View More
Son was in presence of mother when she overdosed. He had to call an ambulance. CPS contacted me and said file for emergency custody.
answered on Jan 30, 2023
Finding the right attorney is important. First, you should google Family Law attorneys who practice in the place where the custody is to take place. From there, look at their websites and learn more about the mission and vision of the firm. You should meet with different firms to determine if... View More
the mother saw the child on 1/24/2022 and was actively using strong drugs. She was tested and tested positive and now is in a rehab. This has been her MOA since she lost custody in 1/2022. We would like legal advice on getting full permanent custody of the toddler. She has an extensive history of... View More
answered on Jan 29, 2023
If the child was placed with you under neglect proceedings against the mother, the court will decide if you should be placed with you permanently during the dispositional phase. You also could file a custody petition.
I have a custody case coming up at the end of January my child's mother is suspected to be a narcissist I can prove with text messages and recorded phone calls of the abuse she jumps in to relationship to relationship to relationship immediately allowing the new partner to meet our child in... View More
answered on Jan 6, 2023
You can ask the judge to include a provision in an order that neither parent is to introduce the child to a new paramour until at least six months after beginning the relationship. You would benefit by consulting with a lawyer regarding your case if you wish to obtain custody.
answered on Jan 3, 2023
That depends upon what the order says. If mom had sole legal custody then the person seeking custody, such as yourself or one of her relatives, would need to file in Family Court for a modification based upon this change in circumstances. If necessary, an Order to Show Cause can be filed for... View More
answered on Dec 29, 2022
If there was an order giving your mother custody, you must file a modification petition in Family Court stating your mother’s passing as a change in circumstances. If she was awarded custody on your consent or per court order because, for some reason, you were unable to care for your child at... View More
In August of 2020, my husband and I were given primary physical and joint legal custody of our 12 year old nephew. Both parents were deceased and his two adult siblings asked us to take him as they did not feel equipped to raise him. After two and a half years we feel as though it is time for his... View More
answered on Dec 27, 2022
His siblings must be willing to assume custody of your nephew. If they are not, the Court cannot force them to take custody. If one of them is willing to assume custody he/she should file a custody petition. If you know longer wish to maintain custody of your nephew and neither of the siblings... View More
I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More
answered on Dec 17, 2022
In theory, you could file an order to show cause with the Court ion the child support case, requesting that the court issue a preliminary order suspending the child support. It's questionable whether the magistrate will grant same in advance of your regular return date & in advance of an... View More
I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... View More
answered on Nov 30, 2022
The child support matter, once it is resolved, will be retroactive to the date of filing. Your attorney should demand the cases be put on for trial. There is no reason a case should be adjourned that many times.
Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... View More
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answered on Dec 11, 2022
In New York, the appellate division's authority over custody of children is equal to that of either the Supreme or the Family Court. This means the appellate division can assign attorneys for the children, hold hearings, conferences and decide on both facts and law. The asker can request, and... View More
Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... View More
answered on Nov 24, 2022
No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.
Drug test by an oasis State facility
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answered on Nov 22, 2022
This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.
There is a considerable body of case law... View More
That was postponed to a trial continues to get postponed have not subpoenaed my girlfriend into court but want to question her they have no witnesses they have nobody to testify my girlfriend is supply drug test reference letters certificates custody orders in regards to her own children and they... View More
answered on Nov 21, 2022
If you are not represented by an attorney, I strongly suggest you consult with one immediately. If you are preparing for a custody trial where certified documents may need to be submitted, it is essential that they are done properly. An attorney can also move the process forward for you. You are... View More
My daughter’s grandmother filed for custody and was granted temporary relief many of reasons given in petition were false. The judge who signed the Show For Cause granting the temporary reliefs, including custody of my daughter, was previously my attorney as a district attorney who represented me... View More
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answered on Nov 5, 2022
There are many convoluted questions here on Justia that give answering attorneys pause, and this is certainly one of them. The call of the question is whether the judge's order is ineffective given the facts of the question. Let's unpack the facts.
The asker's mother lied on... View More
TX Custody order, ex moved out of state before supervised visits could be done.
answered on Oct 21, 2022
Yes there are agencies or individuals who supervise parenting time at least in the upstate region. Depending upon where you live, options are available but some charge for each visit. The benefit is that they provide an unbiased report of the visits if you need for court purposes.
I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More
answered on Apr 18, 2024
Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.
Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More
answered on Mar 21, 2024
The short answer to your question is yes they may be used as exhibits
when there is conflicts and threats can I hold on to the visitation right until resolved by court.
answered on Feb 16, 2024
If there are no court orders of custody or visitation then both parents have equal rights to both. If there is a dangerous or unhealthy sitiuation then withholding visitation, if in the child's best interst, might be advisable but a custody petition should be immediatly filed.
How does one parent request a home study of one parent living outside of New York if it's suspected that the living arrangements are unacceptable and there may be child to child abuse?
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answered on Feb 16, 2024
There is not enough information here to cogently answer this question. We are not told when the child left state #1 to state #2. We are not told which of the two states the custody filing occurred.
The duration of the child's absence from a state makes all the difference to the success... View More
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