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New York Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: How long after retainer is paid should it take to hear back from the lawyer ?

It’s been 3 weeks . I sent some documentation with the retainer that had to be reviewed . He was easily reached prior to payment .

how long it usually takes to have initial consult after payment ? I’m not sure if this is normal

Jack Mevorach
Jack Mevorach
answered on Aug 2, 2023

It doesn't sound right. There is usually a free consultation prior to retaining the attorney.

Then, three weeks is far too long.

Consider getting a full refund and retain alternate counsel.

Jack

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Hello. I’m looking for a Probono Attorney in Erie County Nee York. I have Family Court. If you have any suggestions
Tim Akpinar
Tim Akpinar
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...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can a parent take away a phone that the other parent bought and pays for?

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

Howard E. Knispel
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Howard E. Knispel
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

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for New York on
Q: how likely will a supreme court- new york judge recuse himself?

judge has presided over family case for over a year and in post judgement action, which involves a mentally ill defendant the judge recently denied a motion filed by defendant, the defendant then filed a motion for the judge to recuse from further matters in the case claiming bias and an appearance... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 31, 2023

This is not a case where the judge is likely to recuse himself or herself. This sounds like an instance where one of the parties is about to become designated a vexatious litigant.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I get emancipated at 15 in New York
T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Going thru seperation, have no alimony or child support, nor do I work, my daughters school won’t give me a break on tui

Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 22, 2023

You should discuss your options with your attorney.

1 Answer | Asked in Family Law, Adoption and Child Custody for New York on
Q: can my boyfriends aunt take me in from acs

i’m 15 he’s 16, my grandma has custody of me and i’m currently in acs custody, living in a children’s center. is there anyway she can take me even though me and her niece are in a relationship

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

First, she would have to be approved as a foster parent. Once that is done she can work with ACS to try to have you placed with her.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: hello wondering if moms ever lose custody due to parent alienation?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2023

In those instances when courts play psychologist, a mother can be falsely accused of alienating a child, and then lose custody of the child. Yes.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: My daughter's mother and I share custody. I have physical custody. If we move out of state, can she stop us?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 16, 2023

The mother must consent to you moving with the child. If she does not consent, you must petition family court for permission to move. The court must decide if it is in the child’s best interest to move, taking into consideration at number of factors.

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: I filed for child support i2 year ago and have not received a final termination by the Court in Manhattan.

I believe the father contested the determination but no response from Judge after that. What can I do?

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law, Child Custody and Civil Rights for New York on
Q: What can I do if the judge made an order during a conference with no motion before him?

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

Francesco Paolo Tini
Francesco Paolo Tini
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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: does NY Family Court consider it a conflict of interest if a child's therapist saw a parent 10 years earlier

I have an 11 y/o daughter in joint custody with the birth mother.

My girl is seeing a therapist who was agreed upon by both parents.

The mother has attempted to stop the therapy using various specious arguments, which have failed.

Her latest is that the therapist once (over... View More

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

I would say yes. it is a conflict, and I would make a motion to disqualify the therapist. of course, the judge has the last say, but I feel strongly enough about this that I would appeal it.

2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: Should I file for sole custody before filing for divorce?

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

Howard E. Knispel
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Howard E. Knispel
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

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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: My husband file divorce October 26, 2022. He have a lawyer. He forcing me to mutually divorce. I need lawyer.

I need to prepare settlement agreement. Please contact me. Right now I represent myself.but I have no knowledge about divorce process. Please help me. I have a 3 kids. He left us.

Victor M. Feraru
Victor M. Feraru
answered on Jun 22, 2023

Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: my ex girlfriend wants a dna test after 13 years. What can I do?

When I was with my ex girlfriend she was sleeping around with another guy and she got pregnant. She told me that the child wasn’t mine and she put the other guys last name. Now after 13 years she wants a dna test. What can I do to avoid going to court.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 13, 2023

Unfortunately, there is nothing you can do to stop your ex from filing papers in court. However, this may be a case for equitable estopple to prevent you from having to pay child support. You need to speak with an attorney about the facts of the case and to represent you if this does go to court.

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: What is my legal obligation to answering the phone of my abusive wife since we have a kid together
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 6, 2023

You have no obligation to answer the phone.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I was subpoenaed to court to testify against a family member, can I file a motion to get out of it?
Jack Mevorach
Jack Mevorach
answered on Jun 1, 2023

Yes. You can file a motion to "quash" the subpoena.

Jack

1 Answer | Asked in Child Custody for New York on
Q: im 15 and mom has full custody of me i visit dad in florida during the summer would it be illegal if i stay with him

my dad hasnt been in my life for years he just recently came back. i dont feel safe at home with my moms new boyrfriend

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 30, 2023

"Illegal"? It would not be criminal but your mother has legal custody. Your father would have to file a petition to modify the custody order. At your age the court would consider your opinion, but it is not dispotitive. There are several factors the court would consider. Your father... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Can my girlfriends ex husband prevent me from being around her kids during her time with the kids. ?

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Do I have a right to say a confrontational third party person can’t be present during supervised visitation?

I have court ordered custodial rights with my daughter, her father has a minimum of a year supervised visitation, we have joint custody. He has recently moved another woman into the house where we meet for visitation. Of the 3 times she has been present during visitation she has destroyed furniture... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2023

Yes. You can ask the judge to order that she not be present during the visits. Also, you might want to consider doing the visits elsewhere or have a third party supervise the visits.

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