Lawyers, Answer Questions  & Get Points Log In
New York Family Law Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can an unwed mother from NY move with a their baby to another state or territory without the fathers consent?

Baby is 3 months old

Peter Christopher Lomtevas
Peter Christopher Lomtevas 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.... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2022

To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... Read more »

2 Answers | Asked in Family Law for New York on
Q: Can I file for emergency custody in NY if my ex has taken my son to Pennsylvania and refuses to let me see him?

He scheduled a custody consultation in Pennsylvania and is trying to take him from me even though my son has been living with me for years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 6, 2022

This is a complicated question as you haven't indicated if you have a custody order. If there is a custody order, then modification of that order would have to be in the state where the order was granted (unless neither of you live there anymore). If you have a NY custody order, you should... Read more »

View More Answers

1 Answer | Asked in Family Law for New York on
Q: How do I start legal sep. process? Is there any financial aid available for the costs?
Howard E. Knispel
Howard E. Knispel answered on Apr 4, 2022

You can contact the local bar association to see if there are any pro-bono attorneys.

2 Answers | Asked in Family Law for New York on
Q: I want to get a legal separation from my husband. Can I take my children on vacation during the separation?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 4, 2022

Since you only want to get a separation, and there is no action started nor any agreements or orders in place, you each have equal custody of the children. That means that each of you are free to travel with the children at this time. That "freedom" can change depending on any... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Wife used myW2s for her mom to come to theUS and a greencard without me. She's moved her in without mypermis. legal?

I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Apr 2, 2022

Given the bar minimum facts presented here, the wife was well within her rights to use a marital income (both parties have a share in one party's income) to facilitate the immigration of the wife's mother. The wife also has a share in the marital residence and as such, can invite her... Read more »

View More Answers

1 Answer | Asked in Child Custody, Civil Litigation, Criminal Law and Family Law for New York on
Q: Can anyone be held civilly or criminally liable if false allegations are made and relied on for decision during custody?

My ex used pending charges against my current spouse, that have since been resolved to try and claim he was violent and my kids in danger. My spouse was not convicted of any of these charges, only misdemeanor traffic charge. Because these claims (along with other false claims) tainted the courts... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 31, 2022

No. The asker must realize that in a post-Clinton nation, no proof is needed for up-front orders, a court investigates after those orders, and then a hearing takes place to confirm or refute the allegations in a petition. The law used to be proof by a preponderance of the evidence; it is now... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I am a grandfather Pro Se. I was asked to write Case Law. I'm not fluent with this. Help! Thank you.

My Son is trying to stop visitation. His Ex-Girlfriend will allow me to see my Grand-Daughter. I am the only blood Grandparent. This is in NYS. I raised this child for the most part. Ex's Lawyer said I was doing a good job in Court. Is Case Law about my case, or, do I compare it to another... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 26, 2022

We here cannot participate in the conduct of any asker’s case because we are not the attorney of record. We know none of the facts and none of the procedural history.

We can say that there is precious little case law on grandparent visitation (FCA §651(b)) because most such cases end in...
Read more »

1 Answer | Asked in Child Custody, Family Law and Medical Malpractice for New York on
Q: In PA or NY, custodial parents and medical facilities are required to inform other parent with joint custody of trtmnt?

Ex has left me out of the loop for 3 months on my daughter's quickly developed eating disorder that is now so bad she will be hospitalized. Even has her on meds. We have joint legal custody and are required to discuss all medical, academic, and other major issues and come to conclusions... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 26, 2022

In neither Pennsylvania nor New York is a provider of medical services required to hunt down and inform a joint custodian of anything. Ordinarily, a court will enter custody orders that compel the custodial parent to stay abreast of such information and then notify the asker of its occurrence.... Read more »

2 Answers | Asked in Family Law for New York on
Q: Ex is trying to get me to pay child care costs and medical expenses for daughter going back to 2007.

These costs are in addition to the child support that I have already paid. Is there a statute of limitations on this?

Howard E. Knispel
Howard E. Knispel answered on Mar 23, 2022

It depends on your court order of support or divorce decree. If you were required to pay these expenses, you were entitled to timely receive invoices and required to pay your share in a timely manner. If your ex waited 14 plus years to even give you receipts or invoices then you may have an... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Family Law for New York on
Q: I the son am beneficiary in my moms will.she had a joint bank account of 17ooo.who gets the money.

My sister-in- law is the executor of the will and also on the joint bank account

Richard William Cutler
Richard William Cutler answered on Mar 20, 2022

In New York, the names on the bank account trump the will, or more accurately, the bank account passes outside the will. That your sister is executor of your mother's estate is irrelevant. If she is the only one on the bank account, she gets the account. If she is a co-beneficiary on the... Read more »

View More Answers

1 Answer | Asked in Family Law for New York on
Q: What's steps does someone need to take if the surrogate wants to sign over parental rights?
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 13, 2022

There is not enough information here to answer this question. The signing over of parental rights requires an application, a mental health evaluation, a ready, willing and able parent to take over as the parent. This process also requires the guidance and advice of an attorney without whom nothing... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: Will I be restricted from traveling if I received a notification about passport denial?

I received a notification stating any tax credits will be intercepted to credit current CS arrears and a passport denial. I currently have an active passport and will be traveling abroad soon. Will I be restricted from traveling due to notification? Will I be arrested upon leaving or arriving? If I... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 13, 2022

Upon notification of passport denial, the asker will be blocked from boarding a plane outbound. If the asker is out, then he'll be blocked from being inbound. Paying the arrearage clears up the block right away, but in these days of global panic and government incompetence, the amount of time... Read more »

1 Answer | Asked in Family Law for New York on
Q: Hello, I have a question for jurisdiction.

I filed modification of custody case in Family Court+OP.

MY ex husband filed modification of custody case in Supreme Court. I filed to Dismiss his case.

My questions is:

What is the law/rule for the first Court where case is been filed will hold the jurisdiction. Thank you

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 13, 2022

This asker absolutely needs a lawyer. Parties do not file for custody in Supreme Court unless that filing is for divorce. Then, upon the filing of a motion to consolidate pursuant to CPLR §602, the Supreme Court judge will move the family court matter to the Supreme Court.

As to this...
Read more »

2 Answers | Asked in Family Law for New York on
Q: Can I get the father on abandonment ? He has not seen his son and just put papers for visitation.
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 13, 2022

There is no such thing as "abandonment" in any state. An absent father has just as much legal right to his child as the mother does no matter the estrangement. The only encumbrance would be an entry in the state child abuse registry. Another may be the wishes of the child, but those... Read more »

View More Answers

2 Answers | Asked in Family Law for New York on
Q: Will a judge allow a father in the kids life if he has not been around for 9years .
Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Mar 13, 2022

Absolutely. One of the family court's hidden missions is to reunify estranged parents and children. If dad files for access, he will get it unless he is on a state child abuse listing.

View More Answers

2 Answers | Asked in Family Law for New York on
Q: If a father was absent for 9 years and put in papers for visitation can I still terminate his rights
Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 12, 2022

You can try to terminate but it will be an uphill battle, Most judges think it is in the child's best interest if the child has both parents in their life,

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: I need immediate help in New York State I’m a low income veteran i can pay monthly no more than 1k i need help with

A divorce and child custody my spouse has called the cops on me saying i beat my kids and her both investigated nothing found/no evidence just recently i was served with a order of protection from my spouse and kids after I’ve had my kids for two months after she has abandoned us with no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 10, 2022

You should appear in court on the return day of the summons. At that time, you can ask the judge to assign a lawyer to you without charge if you meet the low income criteria. You can also contact the local bar association for recommendations.

View More Answers

2 Answers | Asked in Family Law and Appeals / Appellate Law for New York on
Q: What does Omitted pursant to Court 800.14 mean in regards to Transcripts ?

Thank you for the reply, this makes no sense B/C its a Child Custody Appeal....unless the Transcripts are being omitted due to the other party having committed a Family Offense, could this be possible?

I was told it means Transcripts were electronically sent and not in paper form.

Tim Akpinar
Tim Akpinar answered on Mar 7, 2022

I'm sorry your question remains open for two weeks. I looked up the statute to see if it would be helpful in pointing you in the right direction for guidance. The statute you cite reads in part... [Section 800.14] Appeals in criminal cases. " ...When the clerk of the trial court has... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My sons father is currently serving 30 years in prison and they do not want to talk to him or see him.

He wants the courts to force them to talk and to visit him in prison. He is in CT and I am in NY. We are currently divorcing and I am filing for custody in NY. Should I force the children to talk to him. They will be 10 & 11 years old.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2022

The courts will require some sort of contact. What that is will be up to the court. I suggest that you discuss the issue with your divorce attorney as "custody and visitation" are part of the Judgement of Divorce.

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.