New York Child Custody Legal Questions

I am sorry that you're fighting homelessness.  You don't say if you have a job, when you moved to Arkansas, or when is the last time you saw your daughters and their ages.  Your immediate goal should be to take care of yourself- a person who is fighting homelessness is not getting custody of a child. Make sure you have a job and a roof over your head and the income to ensure you are in no danger of homelessness. Once you have a stable household you need to re-establish a relationship with your daughters if you do not already have one- and then seek a schedule of visitation with their dad. If he fights you, sue for visitation.  If you do that, you will likely be counter-sued for child support, and you will be obliged to pay it unless you earn so little money it would impoverish you.  Take everything one step at a time. Good luck. ... Read Answer

The way you worded your question seems like you already have an attorney. If that is the case than you will need to discuss your concerns with them. Based on what you have provided it appears the case is not being managed actively. If there is a current agreement registered in court, and she is not following, you will need to file a contempt motion and penalize her rights for now following agreement. If you want to switch attorneys or retain one, we normally charge for a Child Custody case on average start at $2,500 to $4,000 for anyone interested in retaining custody of the child. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com... Read Answer

What you have is a complex case and requires a dedicated consultation with a New York State Licensed Attorney. Consultations are not free and cost anywhere from $150 to $500 depending who you call. A Child Custody case on average will start at $2,000 to $4,000 for anyone interested in retaining custody of the child. Trial Attorney fees are separate from what I provided foregoing. Who wants to apply, who has a better chance of custody all has to be discussed with an attorney. Feell free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read Answer

You can request the court to change the custody order so that you have the child to be able to provide for his needs. You should retain an attorney to assist you in establishing a modified custody arrangement. Attorney fee for such matters can cost anywhere from $1,500 to $2,500 before trial. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read Answer

Hey Carla, In a child custody case, it is always essential for parents to keep the court involved. If you would like to move out of state you will need to retain a New York State Licensed Family Law Specialist to assist you. Otherwise, if you move without the permission from the court, you may be able to face Parental Kidnapping charges and may even lose custody. In New York State, you can expect to spend as low as $1,500 to $5,000 in attorney litigation fees depending on who you go to for getting permission to move out of state. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read Answer

It is not okay! You can be sued for Contempt of Court and your parental rights can be taken away from you. If the matter is such worse where he is not looking out for the child well being you will need to hire an attorney and request a modification and contempt on him. For you not giving him the child for his parental time ordered you are in violation. Please contact an attorney to work out the problem in your interest. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager ... Read Answer

Is the case for car seat or visitation and custody? As long as you both are satisfied with the arrangements, and agree to withdraw the case, you can have the case dismissed.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New York.... Read Answer

Just because one party request the judge to be removed from the case does not mean that the judge will honor the request and or be removed. However, depending on the facts of your case, you might need to get a new attorney to approach the issue and manage the case differently compared to what you or your lawyer was presenting. An experienced, competent and aggressive attorney will know how to manage such situation and still come out on top as we get cases like this a lot where the judge is favorable towards one party. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New York.... Read Answer

Legally if you are entitled to visitation and she refuses then you need to file for contempt of court. She has to give you visitation. If she does not because of some materialistic property than you should take her back to family court with the help of an experienced attorney. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Grandparents certainly have rights but because the grandkids are out of state, utilizing your rights might become very expensive. You would need a lawyer to make your son-in-law cooperate with you and allow you guys to be able to talk to the kids, visit the kids, or have the kids come visit you and or even allow you to have video conferences. The sooner you get a lawyer to get you back in the kids lives the better it will be for you guys to get along with your grandkids. Otherwise, as kids grow up they tend to forget the people they don't normally connect with.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

You can file for a modification of parental time and request that the father meets half way. This might be an easy modification as long as he does not contest it, then you might need or should retain a lawyer.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Just like grandparents, you can request visitation with the children, just be sure to justify that they are or were a part of your life. A detailed consultation with a lawyer might be of use.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

What were you arrested for? Can your arrest be used against you by your child mother to deny you parenting time down the road? Yes, this can certainly be used against you. Without knowing what kind of action lead to the arrest can very well determine the reaction of the mother. She will be using that the action you committed, might endanger the child, therefore she can use it as an excuse to deny you visitation, parenting time, and even custody down the road. It is always best to work with a competent attorney that can very well represent you and your interest, so consulting an attorney with more details pertaining to your case might get you a more firm answer.   Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

If the court order specifically states that he is not supposed to move beyond x amount of distance without consent from all parties involved or from the court, he will be considered to be in contempt. However, since like you said that his move is closer to his workplace, he probably can get away with it, since he needs to be able to make money in order to support himself and family. The judge might look at this move as a positive move and you should as well. The other part of this move is the timing of the pickup/drop off or visitation, doing Wednesdays, as parents you both should be able to communicate for the best interest of the child and try to work things out. Come to an arrangement where it is convenient for both of you. If you guys can not sort it out on your own, you might want to consider doing a modification order in court.  Ahsan A. Syed, PSC answers and comments to questions are for general purposes only and does not establish an attorney-client relationship without a signed retainer. Feel free to contact an attorney for a free consultation.... Read Answer

If there is a good reason to keep your child from communicating with her aunt and grandmother, such as their use of abusive or vulgar language, or generally making your daughter feel uncomfortable, it will likely not hurt you to attempt to restrict contact. However, if there is no good reason for you to do so, it is not a good idea to keep your daughter away from her father's family. It may be perceived as an attempt to alienate your daughter from her father, generally, and could hurt your custody case. ... Read Answer

Under New York law, unless the mother consents (in writing, I would advise) to the move, your son must bring an action for full custody of his son and for leave to relocate out of state, in the family court in the county in which the child lives. If that's in North Carolina, the action must be brought in North Carolina. Beyond that, I can't advise you- I only practice in New York. But family law tends to be fairly similar from state to state and in this area, as in most everything in family law, courts decide based upon "the best interests of the child."    In New York as well, the father would have to prove it's in the best interests of the child that he get full physical and legal custody, and once that's granted, that the court grant him leave to relocate out of state. Assuming everything you said is true, your son's petition would likely be granted if it was brought in a New York court. But again, a New York court only has the ability to give him leave to move to another state, but no authority to order a child who lives in North Carolina to relocate to New York. Only a North Carolina judge can do that, if the child lives in North Carolina. ... Read Answer

Your ex is in violation of your custody order, and you must take him back to court immediately to enforce your rights. Don't use "self-help" by doing anything more than going to his house, knocking on the door and asking to take the kids on your days, because you'll put your kids in the middle of the conflict (even more than they already are) if he refuses to answer the door, or is hostile to you when he does answer. I assume you've already done this and if you do it again it will be futile. Don't let this go on any longer. You don't say how long it's been since you've seen your kids but this is hurting them even more than it's hurting you. Since you're the non-custodial parent I assume you're paying child support but if your ex continues to withhold the children from you, you could have your payments to him suspended until he complies with the order. ... Read Answer

It's not clear who asked you to keep your daughter- the mother, or your daughter?  If it's the mother, see if she's willing to voluntarily give you custody. If it was the daughter, and she was still being physically abused the last time she was at her mother's house, start another CPS action and bring an action in family court for custody of your daughter. You should also get a restraining order against the brother who is physically and emotionally abusing your daughter. If you make an emergency application in family court you might get an award of immediate temporary full custody of your daughter pending a final determination of the matter. ... Read Answer

You can file a cross-petition for custody of your child or a petition for modification of the custody agreement if there is already a court-ordered one (you're not clear about that). The court will decide custody based upon "the best interests of the child" but to change an existing custody order you need to prove not only that but also "substantial change of circumstances" since the custody order was made. Some of the things you mention may come into play in determining that, if the two of you can't reach an agreement, but most of them will be irrelevant, unless she lists the other child who doesn't live with her as a member of her household in a child support proceeding in which you are also a party. Your baby mama can't take away your visitation just because the two of you have a disagreement. ... Read Answer

It sounds like you only have temporary custody, so assuming you are actually awarded permanent custody, that can still be changed at a later date if your son and/or his girlfriend file a petition for the same- especially if you consent. If you do not consent, it will be their burden to prove a substantial change in circumstances that warrants a change in custody.  ... Read Answer

Prepare for court by saving emails and text messages, and document everything. Make a time-line, and keep track of events and conversations. The father should absolutely not be under the influence of street drugs on visits with your daughter. Absolutely do not "take him off of child support". It is his legal obligation to support his child and if the father wants more money available for visits, it doesn't come out of child support. If he is violating your visitation agreement in some way you can file a petition asking the judge to address that, too.  You can petition for supervised visitation, but it won't be awarded unless you can prove he's a danger to your child. If the court appoints court personnel to supervise, it will cost the father money. If the grandparents are available, try to convince the father to have the visits at the grandparents house. However, bottom line is that unless you can prove the father is a danger to your child, he has a right to see her alone, and it's your job to foster a loving relationship between them.  ... Read Answer

Let me get this straight... she doesn't want her kids, she just wants his benefits? No type of custody allows mom to collect her child's benefits while someone else is raising him. Tell Mom of the Year that she can sign over guardianship of the child to you., You would need the father's consent as well, if he's in the picture, and you'd then file a consent petition for guardianship of the child, and the court will sign an order making you legal guardian. If dad is paying support to mom but then you become guardian- you'd be entitled to petition for child support once you became guardian. That child support is for the child, regardless of with whom the child is living.... Read Answer

You don't say when you split from the father- did you have custody before that? Whether or not you did, you can probably prevent the father from taking your son out of state. You have a right to be in your son's life, even if you don't win custody. The best way to work this out is to file a petiion seeking custody. The father won't be able to just take your son out of state without court approval if you file a petition. ... Read Answer

If the father agrees, you can take the child out of state. If the father refuses, you can make an application to the family court where you live with the child for leave to relocate. The court will consider many factors in ultimately determining what is in the best interests of your child, and based on that will grant or deny your application. Regardless of where you live, if you split up with your ex and have custody of your child, the child's father must pay you child support- it's the law in every state. ... Read Answer