New York Child Custody Legal Questions

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317 legal questions have been posted about child custody by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
New York Child Custody Questions & Legal Answers - Page 10
Do you have any New York Child Custody questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 317 previously answered New York Child Custody questions.

Recent Legal Answers

Is a mother required to tell the father if she is living with someone and what other info does she have to share?

Answered 12 years and 2 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It would all depend on the custody order.
It would all depend on the custody order.

Can I file for child support from outside the US from a non-US citizen living in the US?

Answered 12 years and 2 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You might well have a jurisdictional problem as the children are not residing in New York. You need to speak with a NY attorney.
You might well have a jurisdictional problem as the children are not residing in New York. You need to speak with a NY attorney.

What is the best action to take to cancel the visitation and arrange an adoption of the child by the step- parent?

Answered 12 years and 2 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You would need to petition the court to change the visitation order. For the child to be adopted, the parental rights of the other parent would have to be terminated.
You would need to petition the court to change the visitation order. For the child to be adopted, the parental rights of the other parent would have... Read More

What is the name of the form that I need to file in an emergency motion to move out of state with my children?

Answered 12 years and 2 months ago by James Morgan Chandler (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Child Custody
If you do not want to hire a family law attorney, you should contact the Family Law Facilitator in the County you live in to get the forms filled out.
If you do not want to hire a family law attorney, you should contact the Family Law Facilitator in the County you live in to get the forms filled out.

What is the procedure in order to obtain full custody of a child?

Answered 12 years and 3 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
1. She needs to take the child out of the apartment of the father's parents. 2. She needs to contact Sanctuaries for Family and Children- (212) 349 – 6009 if in NYC, or (800) 942-6906, if elsewhere in New York State. 3. If she leaves New York State, it should only be with the approval of a court. 4. She should file for sole custody and child support in Family Court. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More
1. She needs to take the child out of the apartment of the father's parents. 2. She needs to contact Sanctuaries for Family and Children- (212) 349... Read More

What is the best way to handle an uncooperative ex wife that has a child that may be yours?

Answered 12 years and 3 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should consult with a local family law attorney to determine how to establish paternity- there are several ways to get a DNA test, but whichever way you proceed, the strategy to obtain same should be discussed fully.  Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More
You should consult with a local family law attorney to determine how to establish paternity- there are several ways to get a DNA test, but... Read More

are people with disabilty given a free lawyer

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If your income is below a certain level, you may qualify for a free lawyer in the Family Court. I would file a petition to relocate from the state and at the first hearing tell the court you need an attorney. Good luck.
If your income is below a certain level, you may qualify for a free lawyer in the Family Court. I would file a petition to relocate from the state... Read More

Family Court

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The UCCJEA governs inter-state cases. If your son has been in NY for 6month or more, you may have to fight this in NY. I would get off the websites and contact several GA lawyers as soon as possible to start your case there. If it has been more than six months, you may need to start your case there and get a lawyer in NY as well. Good luck!... Read More
The UCCJEA governs inter-state cases. If your son has been in NY for 6month or more, you may have to fight this in NY. I would get off the websites... Read More

Would he be able to get visitation?

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The father has a right to see his child. That said, you should file a petition for custody and make the court aware of his background and your concerns. If he wants to see the child it should be supervised visits only.
The father has a right to see his child. That said, you should file a petition for custody and make the court aware of his background and your... Read More

My boyfriend n his x girlfriend have shared joint custody of their 10 yr old daughter w physical to the mother can she just move out of state w her??

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
No, she cannot. If she has, your boyfriend should proceed to family court and file a petition for custody and a writ of habeas to return the child to New York immediately. He needs to do this quickly as NY will lose the power to hear the case once the child has been gone from the state for 6 months or more. Good luck.... Read More
No, she cannot. If she has, your boyfriend should proceed to family court and file a petition for custody and a writ of habeas to return the child to... Read More

What are the rights of a father not on the birth certificate and absent

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The father has a right to see his child. Your new husband cannot adopt your son unless the father agrees and signs papers for the adoption process.    I would file a petition for custody. Good luck.
The father has a right to see his child. Your new husband cannot adopt your son unless the father agrees and signs papers for the adoption... Read More

my sister is having custody issues...

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Fathers have the right to visit their children. New York state does not provide a way to terminate parental rights, unless there is abuse/neglect and both parents are losing the child. Your sister needs to petition for the right to move with the child out of NY. The court will help her and the father set a schedule, or she can request that she be allowed to decide when the father can see the child. If he hasn't been seeing the child at all, the court may allow her to decide if and when the access will be allowed. Good luck.... Read More
Fathers have the right to visit their children. New York state does not provide a way to terminate parental rights, unless there is abuse/neglect and... Read More

NY Child Custody Ordered Question

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Would be interested to hear how this turned out! Usually holidays supercede regular visitation. Seems like if you had her until 1pm, and then you get her again at 6pm, the obvious thing to do would be contact your ex- and say listen, let me keep her the whole day. And when it happens to your ex- in this way, you will give your ex- the whole day as well. This way whenever you both make plans that include travel, no one will be inconvenienced by a strange 5-hour gap of time. Good luck!... Read More
Would be interested to hear how this turned out! Usually holidays supercede regular visitation. Seems like if you had her until 1pm, and then you get... Read More

Can I leave the state of New York with residential and joint legal custody?

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Does the child's father live in NY? If so, then you should seriously consider filing a petition to modify custody and relocate with the child. You have good reasons for your move and will need to show this to the Court. Be prepared to show that you are flexible and creative about ways that the child will still have access to see his/her dad. Good luck.... Read More
Does the child's father live in NY? If so, then you should seriously consider filing a petition to modify custody and relocate with the child. You... Read More

i want to get physical custody of are child

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Go to the Family Court and file a petition for custody and explain to the court the situation. Good luck!
Go to the Family Court and file a petition for custody and explain to the court the situation. Good luck!

What can I do if my ex owes back child support and his employer has been taking money out of his paychecks but not sending it in?

Answered 12 years and 3 months ago by Diane L. Berger (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
You have to first find out why the employer isn't sending the money on. Then you will know what course if action needs to be taken.
You have to first find out why the employer isn't sending the money on. Then you will know what course if action needs to be taken.

I am being subpoenad from a lawyer in Tennessee from my ex wife. I just got back from Afghanistan and can't get any info on why I have to appear court

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should absolutely contact your JAG. You might also try contacting the lawyer who filed the subpoena (any names on the document) and the Court where it is captioned. Good luck.
You should absolutely contact your JAG. You might also try contacting the lawyer who filed the subpoena (any names on the document) and the Court... Read More

Child Relocation

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
File a petition in the family court to relocate before you move, otherwise he can file to try and bring you back to NY after a move (a very expensive process). The standard will be the best interests of the child, but if you are better able to support her in FL and have more resources, based on what you say about the Father's lack of participation with the child, you may have a chance to move. You might be able to get a free lawyer in the family court if you have low income. Good luck.... Read More
File a petition in the family court to relocate before you move, otherwise he can file to try and bring you back to NY after a move (a very expensive... Read More

What are the chances of me getting custody of both of my kids back if I do not go to the halfway house?

Answered 12 years and 3 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If a condition for getting the children back was going to the halfway house, you need to complete that condition.
If a condition for getting the children back was going to the halfway house, you need to complete that condition.

child custody

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If your ex is planning to move with your son, you can file a petition in the Family Court seeking to block the move. Good luck.
If your ex is planning to move with your son, you can file a petition in the Family Court seeking to block the move. Good luck.

as a grandmother how can i go about getting custody of my grandchildren

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
People can go to the Family Court in the county where the children reside and file a petition for custody. Good luck.
People can go to the Family Court in the county where the children reside and file a petition for custody. Good luck.

18 year old changing custodial parent

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Because the child is now 18yo, he is an adult and can make his own decisions. The mother cannot sue for support if the child doesn't live with her; plus it sounds like he is emancipated if he's working fully time. Good luck.
Because the child is now 18yo, he is an adult and can make his own decisions. The mother cannot sue for support if the child doesn't live with her;... Read More

Will I be able to get sole custody of my child or supervised visitation from the babys father?

Answered 12 years and 3 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There isn't a baby yet, so this is a question that appears to be premature. Based on the father's behavior, it sounds like he should have limited access to the baby, once born. Once you have the baby, you should consider talking to some lawyers near you. You might even qualify for a free attorney in the family court depending on your income. Good luck.... Read More
There isn't a baby yet, so this is a question that appears to be premature. Based on the father's behavior, it sounds like he should have limited... Read More

What are my chances of winning sole legal custody of my daughter?

Answered 12 years and 3 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He is allowed to see his child no matter what the custody situation is. You could possibly get full custody, but the court would still give the father some visitation. Discuss this with an attorney.
He is allowed to see his child no matter what the custody situation is. You could possibly get full custody, but the court would still give the... Read More