Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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.
She has residential custody but they share responsibility for every other aspect pertaining to his kids..before eastet their oldest daughter who is 11 came and told us how the mother whipped her with a belt and left a mark and the mother basically bragged about it later that night to both of... View More
answered on May 7, 2023
He has to file a petition to modify custody. Contact a family law attorney.
In trial for custody and relocation father not present for 6 months at a time and on and off for the past 4 years
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answered on May 2, 2023
This question relies on the premise that all judges throughout New York State will rule the same way given the same facts, and that is not the case. Differing judges will consider domestic violence to varying degrees: some will take a hard line approach, while others may not consider it at all.... View More
I have been married for 10 years but we have been separated since shortly after we got married. She took off with our child and moved out of state 10 when we first got married.
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answered on Apr 27, 2023
I'm sorry to hear about your predicament. You should try the Columbia County Legal Aid Society: https://www.lawhelpny.org/organization/legal-aid-society-of-northeastern-new-york-al
The custodial parent refuses to allow family therapy and has been very uncooperative . Visitations with my 11 yr old child have been very challenging ending in constant arguments and shortened to avoid further distress to my child and myself. Counseling would be beneficial to strengthen our... View More
answered on Apr 21, 2023
You can certainly ask for it. The court must do what is in the best interest of the chilod and if fgamily counselling is best for the child then it can order that. You should speak to an attorney.
My daughters father was appointed a public defender that works very closely to the referee assigned on our case. My daughters law guardian and my attorney as well as ACS believe our child should stay with me. However, the referee blatantly disregards the ACS report and will not grant our request to... View More
answered on Apr 20, 2023
Just because the Referee and the court appointed counsel for the father know each other does not mean there is any conflict. Since court appointed counsel appear frequently of course they are familiar. You have an attorney so you need to address your concerns to your attorney.
answered on Apr 20, 2023
The Dept of Social Services must investigate whether there are any suitable relatives who may take custody of the child. If there are none, the child will be placed in foster care.
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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 12, 2023
No, it would be a conflict of interest for the same lawyer to represent all of you.
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
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
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 ex-boyfriend has an alcohol issue. He also is living in a hotel where he is surrounded by drugs and alcohol. The last time I talked to him he did not have a job. I am concerned that he will want to take our son to this unsafe environment.
answered on Feb 6, 2023
You need to file petitions in the Family Court. Child Support and Custody are two different matters and, even though they are in the same courthouse they are handled separetly. You need to file a separate petition for each.
My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... View More
answered on Feb 1, 2023
If they just happen to be there and do not interfere with the visitation there should be no problem. If they interfere in any way that could be a problem.
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
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