Get free answers to your Child Custody legal questions from lawyers in your area.
We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice
answered on Jun 28, 2022
Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.
answered on Jun 13, 2022
Yes. However, by doing so, he will be responsible for child support for the child until the age of 21.
Child support was also in the document we brought to court (we agreed to terminate support) which was notarized and signed by both parties. The court could only grant the visitation and was told we would need to petition the court for the child support case since it is a different department.... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2022
The asker should retain counsel. In the family court world, each subject area carries its own petition: visitation/custody, support, abuse, neglect, guardianship and so on. When the parties conflate custody and support in one agreement, they severely limit their ability to submit and give respect... View More
If I am separated and moved out the house and my wife find out where I live and send me divorce papers, if I ignore them and choose not to answer what will happen? Thank you for your help.
answered on May 30, 2022
This is posted in the New York forum so I will answer assuming this is a New York case. If you ignore the Summons, you will lose by default and she will get whatever she is asking for and you will have no say. Talk to a lawyer.
answered on May 27, 2022
Custody and visitation rights end at 18. The court has no jurisdiction over those issues after 18. Child support, however, terminates at 21.
My mother is constantly yelling at us kids. She can not support the three kids she has. My father can support me and those living with him. My mother won't even let me bring him up in a conversation without her getting angry. Please help me. He is trying everything to get me but there's... View More
answered on May 22, 2022
Your father will need to file a petition with the Family Court in the county in which you live. Your father could contact the court to have them send him the petition or get a copy online at the NY courts website. The Court will give more weight to your desire to live with your father if you are a... View More
I was given custody to her but, he can care for her now, so I want to give her back to her.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2022
File a petition in family court and have the father served. Ask the judge to grant an order giving the father custody.
I was not aware I needed court permission to move. My ex was okay with the move for the first 6 months of relocation. He was the one who funded and moved our belongings, he was my reference for the new apartment, he paid the rent as part of the child support, he was 100% ok with the move. The move... View More
answered on May 16, 2022
You should file a modification petition seeking to relocate with your son. I would advise you to speak to an attorney.
answered on May 16, 2022
Lawyers know the system, they know how to examine and cross-examine. Hire a lawyer
answered on May 14, 2022
More information is needed to answer this question. For example, does he want custody? Are you the child’s mother? Why do you want to give custody back to him?
If only the attorney was served with the summons with notice
answered on May 9, 2022
You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.
I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.
I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.
because the pandemic wasn't going anywhere.
I came to Georgia Tbilisi... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2022
The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.
The... View More
My fiancé wants to sign my sons birth certificate and we’re turning in the acknowledgment papers with his name on it his biological father my son‘s biological father has made it to where he said he wants no parental rights to my son he said when he tried to kill me that it felt good for my son... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2022
The answer the asker wants to hear is that her fiance can sign the newborn's birth certificate, and such an answer is certainly possible. The government has no idea whose DNA is in the newborn, and the only record of who the father is can be found in the birth certificate which is always... View More
I've had a cps case for the last 7 months, I've lost placement of my child for this time period. It seems that cps is doing nothing to move things along
answered on Apr 28, 2022
You should be represented by an attorney in the matter. If you cannot afford one, you can apply to have an attorney to represent you.
So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... View More
answered on Apr 16, 2022
While there is nothing illegal for him to threaten to take you to court, if he becomes harrassing or threatening harm in any way then you might be able to get an Order of Protection. There are apps that the two of you can use to reduce harmful communications in which you can only communicate about... View More
Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.
I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... View More
answered on Apr 14, 2022
Once a permanent child support order is issued, the arrears dates back to the date of filing.
I live in New York State and have two kids . A 1 year old with his father on the birth certificate and my daughter that I had 2 months ago (he didn’t sign it because I left him right before I delivered her) I left him because he was physically/ emotionally abusive. Drug problem and had an anger... View More
answered on Apr 12, 2022
You would need to file a petition with Family Court to relocate with your children. You would need to show that it would be in their best interests. The Court would look at a number of factors such as the relationship between the children and their father and how the move would improve the... View More
Baby is 3 months old
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2022
Former Governor Andrew Cuomo said it best, "You can get away with anything as long as you don't get caught." This principle is especially pertinent with children and families. The asker can depart and the left-behind parent does nothing. Six months later, the asker is free and clear.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
