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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
The schedule reads as follow:
Week 1 - Monday, Thursday, Friday through Sunday
Week 2 - Monday, Tuesday, Thursday
answered on Nov 16, 2024
The child(ren) would need to be returned to the custodial parent on Sunday. If there is no time indicated, then it would normally be a reasonable time based on age.
I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met... View More
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answered on Nov 14, 2024
Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until... View More
My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More
answered on Nov 6, 2024
Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.
answered on Oct 21, 2024
You need to file a petition in Family Court. If there is already a custody order you could file a violation. If there is no order in place you can file for one now. Talk to an attorney.
(Pro-Se litigant)appeals process of 3 orders from FamCourt; have been approved for consolidation to 1 brief by the Appellate Court 2nd Dept,(hereafter referred to as AD2). Ive been assigned a “case manager” by AD2. By order of the Court I am to perfect my appeals by original record... View More
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answered on Oct 16, 2024
You would have to make a motion in the Family Court to have the Judge "settle" the record to include what you think is missing.
Original Order of custody & parenting time made by Supreme Court, Integrated Domestic Violence Part. Based of the laws/nys const/rules/FCA & codes I’ve read that govern transfer of proceedings & subject matter jurisdiction, in order to modify the original Order (made by Supreme Court... View More
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answered on Oct 16, 2024
No.
He says I have no legal right to kick him out. His name is on the electric and internet bill as that was what agreed on when we moved in. We don’t have a lease with the landlord, we pay month to month. She doesn’t want me to leave but I can’t live with him anymore. He also cannot afford the... View More
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answered on Oct 16, 2024
This question belongs on a bar examination because there is no solution in the real world.
First and foremost, there is no such thing as longevity-equity in housing. Tenants and owners are here today and gone tomorrow. Housing is as provisional and fleeting as are interpersonal... View More
He told me that I can not pick up my son from school or be near it and I can’t be near him I went to the court and I found out that the protection is against me only not with my son now we have mediation and he violated the contract for me not seeing my son and my son primary home is with me we... View More
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answered on Oct 15, 2024
There is no question here, but there is much to say about this factual narrative. It is the liberal mind's product of protecting a class of people against violence in the home. Let us review the purposes of domestic violence law.
Originally, men who were violent in the home were... View More
It was due to an altercation between my ex girlfriends dad and I, i want to know if i can get it removed now so i can try and mend relationships with him.
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answered on Oct 15, 2024
We cannot answer this question.
In New York, there are two types of orders of protection: the family court (civil) order of protection, and the criminal court (criminal) order of protection. The Fed pays gobs of money for domestic violence prosecutions, and New York gobbles up the money and... View More
I don't know what my options are or how to file my response. I have 20 days to respond.
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answered on Oct 15, 2024
The asker omits much information in an otherwise broad question. The asker needs an attorney for the best answer.
Texas is one of the states of this union that allows a parent to sign away their parental rights to their child. New York has no such law. Texas Family Code, Chapter 161,... View More
The TRO was to terminate 10/31/24 the Plaintiff was granted and additional 6 based upon further foreseeing evidences or proposals actions. Federal violations were committed in complaint and the justice refused to act upon documents I submitted and still granted. The Plaintiff drop a previous... View More
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answered on Oct 15, 2024
This passage omits any question, and as such we do not know how to answer this. The asker also does not tell us what area of the law this question arises under. Is this a divorce/family court offense "TRO," or is this a criminal "TRO." We do not know.
There is also no... View More
What am I allowed to say no to with out getting in trouble. Do I have to let other parent talk to the children during the week. I let the other parent see children just not when ever the other parent would like. Due to having other plans and children wanting to see other family, is that okay?
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answered on Oct 15, 2024
We frequently get these questions that involve the "construction" of family court orders. The word "construction" means to construe, to analyze an order. We cannot construe this asker's order because we do not see it in its entirety. However, we can take a stab at the... View More
I lost my job and filed a petition to change my support order until I got a new job. The judge ruled in my favor because my ex didn’t show up to court. He ruled I don’t owe back child support. She had 30 days to appeal the decision but didn’t. 7 months later she filed a support summons in a... View More
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answered on Oct 10, 2024
The asker describes what typically happens when individual litigants attempt to do legal representation without an attorney. The labyrinthine process makes no sense even to experienced attorneys. Let us unpack what the procedure was the asker is describing.
The loss of a job is no basis for... View More
Asking as a NY Court certified Spanish interpreter available for 722-C assignment.
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answered on Oct 10, 2024
Courts appoint and assign Spanish interpreters as needed during appearances before the court. As for in-office translation, most have employees and helpers who speak Spanish. Those who do not can refuse representation because of the inability to communicate, or can hire per diems from companies... View More
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