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New York Child Custody Questions & Answers
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.

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 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.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: How would my boyfriend go about trying to get custody of his two daughters he has with his ex wife

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 7, 2023

He has to file a petition to modify custody. Contact a family law attorney.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is domestic violence in a home grounds to lose joint custody? Also is not having a steady job going to affect your case?

In trial for custody and relocation father not present for 6 months at a time and on and off for the past 4 years

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Looking into how to get a divorce in Columbia county New York when I have no income.

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.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can a non custodial parent ask the family Court for family counseling?

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Conflict of Interest

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

1 Answer | Asked in Child Custody for New York on
Q: If both parents are found not capable of caring for a child, who can take custody? The state or relatives?
Sandra M. Colatosti
Sandra M. Colatosti
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.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can family court assign both parties and the child all the same public defender
Sandra M. Colatosti
Sandra M. Colatosti
answered on Mar 12, 2023

No, it would be a conflict of interest for the same lawyer to represent all of you.

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1 Answer | Asked in Child Custody and Child Support for New York on
Q: How do I get full custody of my son and child support from my ex-boyfriend?

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.

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex has unsupervised visitation at a specific public place (mall) what happens if my family is at the same place?

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: What can I do to keep my grandson?

My grandson begin living with me 1 month before everything closed down due to Covid-19. I applied for Medicaid only for him because my job insurance wouldn’t allow me to add him. He attended 3K at a public school and is currently in PreK. He has some developmental delays in which i had him... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 25, 2023

You will need to file a custody petition in the family court in the county in which you live. Because you are a non-parent you will need to show extraordinary circumstances. The fact that your grandson has lived with you may constitute extraordinary circumstances.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: RE Petition for Modification of Order of Custody or Visitation or Request for Guardianship? - Family Court

I asked for and was given the documents to file to request Guardianship of my grandson, of whom I have joint custody and primary physical residence of currently. It is a lengthy form with a number of questions that don't apply to me. Can I simply Modify the Order of Custody and Visitation to... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 23, 2023

You already have joint custody with residential custody. If anything, the proper petition would be a modification though you haven't explained why a modification is necessary if at all.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What is the process of getting emancipated at 16 and being pregnant as a resident of newyork?

I’ll be having my Son on the 21st of December, my mother is staying in an assisted living place for homeless people. She is a current addict. My father passed away 6 months ago. He only had temporary custody of me when he passed away. Since he’s passed I’ve been passed from sibling to sibling... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2022

There is no such process as "emancipation" in any state. Perhaps the real question here is whether there is a process to advance a child's age to eighteen years of age by operation of law: a process to make a child into an adult. That does not exist, and the asker remains a child... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What do I do if I feel my lawyer is not representing me properly?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2022

The asker can fire his lawyer at any time. The effect on the case could be dire, and the impression on the judge presiding over a case where a litigant does not get along with his lawyer could be disastrous.

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