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?
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
What do I need to show that moving is in her best interest?
answered on Feb 14, 2024
We by no means can provide legal advice in particular cases. We are not the attorney for the asker and we know none of the facts. The New York court system is not an apparatus where one pushes a button and gets results as is the case, for example, in Pennsylvania. We here are an educational medium... View More
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
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
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.
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.
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
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
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
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.
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.
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
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.
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.
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.
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
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.
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.
answered on Jun 22, 2023
Feel free to contact me or anyone like me to provide more details. Sorry you’re experiencing this.
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