Get free answers to your Child Custody legal questions from lawyers in your area.
I’m a pro se litigant in what seems to be a black hole of judicial laziness and systemic coercive control. Opposing party narration of “monster-mom” by my ex/his counsel/AFC; with ongoing slanderous lies against me ¬ a shred of “evidence”(doesn’t exist).i reside in PA;... View More
answered on Feb 13, 2024
The biggest mistake a litigant can make in a modern court of law is to fail to retain an attorney for her case. If not for the filings and trial, the pro se litigant requires an education in the folkways and mores of the modern American court.
This question highlights the naivety of the pro... View More
I have full custody of my daughter. Her mother has returned after being out of her life after 8 years. My daughter is now 12.
answered on Feb 3, 2024
You need to go to court for a relocation modification case. You need to show that moving would be beneficial for the child.
In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More
answered on Jan 1, 2024
This rather convoluted question points out quite simply that New York does not list factors for courts to use to determine either initial awards of custody or modifications to custody. Other states do use listings of factors that their appellate courts required in all orders of custody. New York... View More
Current custody order originating jurisdiction is Nassau county NY, I reside in the Commonwealth of Pike County PA. I would like to REGISTER my current custody order in the event it requires enforcement. Court order: JOINT LEGAL CUSTODY, Father= physical custody (NY), I have visitation (making me... View More
answered on Dec 18, 2023
You can register the order but the PA courts won't have jurisdiction as the children reside in NY and anything related to custody/visitation will take place in NY as long as the children reside here.
I prefer any money go directly to my child or to help pay for college and transportation
answered on Nov 19, 2023
You need to file for a modification of child support. You can not simply stop paying as long as there is a court order requiring you to pay regardless of where your child lives. Talk to a lawyer
what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?{Ive submitted a substantial amnt of qualifying evidence docs to "show cause" w/OSC motion} I had filed a petition to modify custody two weeks prior to the OSC & got a... View More
answered on Nov 12, 2023
The likelihood of a judge granting a request for custody or relocation during an Order to Show Cause (OSC) Conference can vary based on the specifics of the case. In family law, the primary consideration is always the best interest of the child. If you've submitted substantial evidence... View More
answered on Nov 6, 2023
There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More
I filed petition for modification of custody, change of circumstances. Im confident my petition meets threshold to qualify for change. I have joint legal custody with my daughters father, he has residential. The last order was set forth may 2020, Nassau county NY. Since then I have... View More
answered on Nov 4, 2023
You can file for an order of protection if you believe your child is in immediate danger. This order can include temporary custody arrangements pending a hearing. Document all instances of denied parenting time and unilateral decisions as evidence. The texts you have can also be submitted as... View More
The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More
answered on Oct 25, 2023
While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More
Been married since 2010 to present having endured physical abuse, deformation, parental alienation and ears of narcissistic controlling behaviors, having to endure having numerous affairs, these individuals living in the homes with my children, while the narrative of being a single mother is... View More
answered on Oct 14, 2023
Unfortunately, America's laws were not written with emergencies in mind. Our current economic situation with core inflation at 5% and rising means were are entering a recession, and jobs are going away, wars are starting up, cost are escalating, and there is no end in sight until a new... View More
I gave my aunt temp custody the paper that was notarized said until sept 21 or until further notice I checked both boxes because we didn’t know which one we were suppose to check
answered on Oct 14, 2023
This question address how to construe ("construction" of) an agreement. Although we here cannot see the agreement, we imagine it provides for both contingencies: either the agreement terminates on September 21st, or at any other time presumably sooner than September 21st.
We also... View More
This week my child came home and shared details about an argument she got into with her mother during the week, in which things escalated and put her in a position where she no longer feels safe. We have reached out to the attorney repeatedly and have not received a response. She is supposed to go... View More
answered on Oct 5, 2023
You should immediately reach out to your own attorney who can guide you on what to do. Your attorney should also be able to reach the AFC.
The child l resides with the mother
answered on Sep 13, 2023
In New York, when a child is born to parents who are not married, the mother is typically granted sole custody of the child by default. This means that the mother has the legal right to make decisions regarding the child's upbringing, health, education, and other matters without the need for a... View More
Be settled, what happens if she has no way to serve them
answered on Sep 12, 2023
In New York, when a grandmother seeks visitation rights with her grandchildren and is required by the court to serve legal notice to the children's fathers, it is essential to address this issue thoroughly. If she encounters difficulties in serving the fathers, she should diligently document... View More
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
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
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.
She lives in Dominican Republic and acquired us citizenship through me. I reside NYC. She lives with her mother. She has tried to kill me and has hurt me in various places. Such as stabs, broken nose, broken lip with stitches and broken head with a bottle. She says she doesnt care if she kills me.... View More
answered on Aug 20, 2023
Not sure what you mean by abroad. Does the child live with the mother in another country? What is the New York connection?
Created a custody plan in 2022 as a compromise instead of continuing to seek full custody. Now my ex is saying he doesn't care to follow it at all, and even if I filed for contempt of court, he says "what are they going to do, put me in jail for skipping out on seeing my kid?" He... View More
answered on Aug 4, 2023
You can not force someone to see their child. You can go to court and have his visitation reduced or even terminated. See a lawyer.
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