My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More 
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answered on Nov 28, 2023
Based on the information provided, you may have grounds to file for custody modification, but success will depend on several factors:
- The court will look at the totality of the circumstances to determine if there has been a significant change in circumstances that might warrant modifying... View More
My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More
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answered on Nov 30, 2023
Anyone can file anything one wants any time one wants, but the problem will be in winning. The underlying facts here are insufficient as a change in circumstances warranting a court's review of the current order of custody, and the whole proceeding will yield nothing.
However, there... View More
She wants to live with mom and is scared to go back to dads cause of abuse
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answered on Nov 28, 2023
In New York, the legal age of majority (when a child is considered an adult) is 18. However, the situation you described involves several complex issues, particularly around child custody and potential abuse. Here are some key points to consider:
Child Custody Agreement: If there is a... View More
reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income... View More
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answered on Nov 28, 2023
In child support cases in New York, there are a few key points to consider:
Reopening a Closed Case: If your child support case was closed, you generally have the right to reopen it, especially if there are changes in circumstances that justify a review or modification of the support order.... View More
My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More
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answered on Nov 28, 2023
Here is a summary of the key legal considerations in this situation:
- In New York, there is generally no legal requirement that a custodial parent inform the non-custodial parent when they enter treatment for something like alcohol abuse. However, significant issues that could impact the... View More
My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More
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answered on Nov 26, 2023
The use of drugs and alcohol can affect the entire family; however, the impact of parental alcohol or drug abuse can be devastating to a child. In cases involving children, the court’s objective is to come to a custody arrangement that is in the best interest of the child. Parental substance... View More
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
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answered on Nov 23, 2023
In New York, the legality of this situation hinges on the specifics of the custody arrangement and the best interests of the child. If a custody agreement or court order is in place, both parents are expected to follow it unless there's an immediate risk to the child's health or safety.... View More
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
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answered on Nov 22, 2023
if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More
ONCE I FOUND OUT 1 OF 2 CHILD,WE NOT MINE
I ASKED MOTHER TO TAKE ME TO COURT
SHE NEVER DID...11/14/2023
KIDS ARE NOW IN THERE 20
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answered on Nov 17, 2023
If you stopped paying child support due to doubts about paternity, it's important to address this situation legally, even if the children are now adults. In New York, child support obligations typically continue until the child reaches 21, unless otherwise specified by a court order.... View More
A law guardian was assigned by the court (i filed petition to modify custody order from 2020); they asked the child if they wanted to move and they said “no, the child expressed that they were afraid of hurting that parents feelings by wanting to move”…is this a fair assessment of what is... View More
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answered on Nov 17, 2023
In child custody cases in New York, the judge does consider the child's wishes, especially when the child is of sufficient age and maturity to express a reasoned preference. At 12 years old, your child's opinions may indeed be given weight in the court's decision. However, the judge... View More
The judge has ordered 4 sessions (monthly), prior to the actual trial date. What are they looking to accomplish during mediation?
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answered on Nov 17, 2023
In your child custody case, the judge ordering mediation sessions before the trial is a common step. The primary goal of these sessions is to encourage both parties to come to a mutual agreement regarding the custody arrangement, outside of the courtroom.
Mediation focuses on fostering... View More
what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?{Ive submitted a substantial amnt of qualifying evidence docs to "show cause" w/OSC motion} I had filed a petition to modify custody two weeks prior to the OSC & got a... View More
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answered on Nov 12, 2023
The likelihood of a judge granting a request for custody or relocation during an Order to Show Cause (OSC) Conference can vary based on the specifics of the case. In family law, the primary consideration is always the best interest of the child. If you've submitted substantial evidence... View More
I recently filed a name change petition to change my name, and the judge quickly granted it. But there is a problem: I regret the name I have chosen.
I have not reported my court granted name to any government agency. Would I be required to reference my court approved name in my new name... View More
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answered on Nov 8, 2023
Yes, it is legal to change your name more than once in New York City courts. If you've had a change of heart about the new name, you can file another petition for a name change. In your new petition, you would need to reference any previous name changes, including the one recently granted by... View More
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answered on Nov 8, 2023
If you wish to remove your boyfriend from your home and he is unwilling to leave voluntarily, you will likely need to follow the legal eviction process. As the owner of the property, you have rights, but so does he as a resident, even if he is not on the lease or title. In New York, you must... View More
Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 12, 2023
In New York, divorce decrees are typically public records, and you should be able to obtain a copy without needing an attorney. Since the divorce occurred in Westchester County, you can request the divorce decree from the Westchester County Clerk's office. You will need to provide specific... View More
Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 7, 2023
Yes, you will need to get a court order ("certified copy") to obtain a copy of your deceased husband's divorce decree from Westchester County, NY. The pension plan requests this document to verify your marital status as the surviving spouse and beneficiary of the pension plan.... View More
answered on Nov 7, 2023
The family law attorneys here would have the most insight into this, but from a practical standpoint that anyone could point out, there's the issue of insurance. Depending on the insurance plans each individual might have, it's possible marriage could result in the benefit of sharing good... View More
answered on Nov 6, 2023
There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More
I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More
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answered on Nov 4, 2023
Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More
I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?
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answered on Nov 4, 2023
Both parties may be subject to legal consequences for acts of violence. Your previous actions do not excuse his subsequent, more severe attacks against you. Each instance is evaluated on its own merits, and evidence plays a crucial role. If you've been the victim of a brutal attack, it's... View More
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