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 11
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Recent Legal Answers

What can I do to get the custody of my daugter back?

Answered 12 years and 3 months ago by Bruce Provda (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You would have to petition the court for custody and terminate the guardianship.
You would have to petition the court for custody and terminate the guardianship.

What can I do to get the custody of my daugter back?

Answered 12 years and 3 months ago by Frances An (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
File a Petition to Terminate Guardianship in the Probate Court in the county where the child lives. How old is your daughter? You could also, first, file a motion for visitation. Or at the same time.
File a Petition to Terminate Guardianship in the Probate Court in the county where the child lives. How old is your daughter? You could also,... Read More

was informed last week by an ex girlfriend that she is pregnant and that it is mine

Answered 12 years and 3 months ago by Jean M. Mahserjian (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes.  If you pursue custody, all of her mental health and arrest records are going to be discoverable.  A mental health diagnosis does not preclude the mother from being the custodial parent.  However, untreated mental health issues and/or ongoing difficulties in dealing with the stresses of life would all have a major impact on the court's decision.  Your life is also going to be an open book.  You need to meet with an attorney now to plan how you are going to pursue custody, step by step. ... Read More
Yes.  If you pursue custody, all of her mental health and arrest records are going to be discoverable.  A mental health diagnosis does not... Read More

How do we go about signing off the fatherโ€™s parental rights?

Answered 12 years and 3 months ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
In Arizona, and presumably in New York, your husband could sign a document called a consent to adoption. This document would state that he consents to the adoption of his biological child or children by a specific individual, in this case the mother's new spouse. Under Arizona law the biological father would continue to obligated to pay support for the child or children until the adoption order for the step-father is entered in New York.... Read More
In Arizona, and presumably in New York, your husband could sign a document called a consent to adoption. This document would state that he consents... Read More

What ground does a mother have to terminate the father's parental rights?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Talk with your attorney, he or she knows best. You do need to file an answer to the petition for termination. For what it is worth, you petition for visitation will probably work in your favor in the termination petition.
Talk with your attorney, he or she knows best. You do need to file an answer to the petition for termination. For what it is worth, you petition... Read More

How can I adopt my boyfriend's kids if I live in a different country?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
By the laws of that country.
By the laws of that country.

How do I get custody of my child signed over to their grandmother?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
See an attorney, this is best done with an order of the court.
See an attorney, this is best done with an order of the court.

How do I get custody of my child signed over to their grandmother?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
You could give a power of attorney, but that will only go so far if he wants the kids. Grandma should file a petition for guardianship and you should consent.
You could give a power of attorney, but that will only go so far if he wants the kids. Grandma should file a petition for guardianship and you... Read More

How do I get custody of my child signed over to their grandmother?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Talk to a custody attorney about giving up your parental rights. Also you need to discuss the potential parental rights of the biological parent.
Talk to a custody attorney about giving up your parental rights. Also you need to discuss the potential parental rights of the biological parent.

Can a mother win her kids back if she does not want her kids to be around with the father's girlfriend?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
Maybe, but there would have to be a good reason for them not to be around you: have you murdered anybody, have you abused children, do you abuse drugs? If not, chance are there is no good reason for your boyfriend to lose joint custody. But this is really a question for his attorney to answer.... Read More
Maybe, but there would have to be a good reason for them not to be around you: have you murdered anybody, have you abused children, do you abuse... Read More

Can a mother win her kids back if she does not want her kids to be around with the father's girlfriend?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
This is not, in today's world, normally a determinative factor.
This is not, in today's world, normally a determinative factor.

Does a restraining order have trump over guardian ad litem?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Probably, unless the GAL is in the retraining order case. Even then the judge has to order a change in custody. In Idaho the GAL would not have the authority to change the custody arrangement, only the judge can do that.
Probably, unless the GAL is in the retraining order case. Even then the judge has to order a change in custody. In Idaho the GAL would not have the... Read More

Does a restraining order have trump over guardian ad litem?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Discuss this with your attorney, but if the restraining order is against him being with the children then that would preclude visitation. However, if the restraining is just against him being near you, it might not.
Discuss this with your attorney, but if the restraining order is against him being with the children then that would preclude visitation. However,... Read More

Does a restraining order have trump over guardian ad litem?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
The order of the court trumps any recommendation, unless it is made an order.
The order of the court trumps any recommendation, unless it is made an order.

Can I get custody of my younger sister?

Answered 12 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
You haven't said anything about your sister's father, who would be the natural alternative to her mother. If neither parent can provide appropriate guidance and support, you could volunteer. It's best to find an experienced family lawyer to help you, among other things, get in touch with the child protection authorities and let them know that you are available, and what kind of good and loving person you are.... Read More
You haven't said anything about your sister's father, who would be the natural alternative to her mother. If neither parent can provide appropriate... Read More

What are my chances of winning legal or physical custody?

Answered 12 years and 4 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
From the facts as you present them it sounds like you have been the primary caretaker of this child while Dad is in jail, and there is no reason based on your facts that you shouldn't have custody. You should keep in mind that a custodial parent should foster a good relationship between the child and the non-custodial parent. If he is still in jail that might complicate your filing. Talk to some lawyers near you about filing for custody and child support (support arrears only go back to the date you ask the court for child support - so file the petition to start the arrears).    Good luck!... Read More
From the facts as you present them it sounds like you have been the primary caretaker of this child while Dad is in jail, and there is no reason... Read More

If man goes for paternity test, why would he get a call to come in for background check?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Don't know. You will have to ask the people that are having you come in. Thinking really sneaky, it could be that your DNA is associated with a crime and they want to arrest you. But more than likely, CPS wants to know if you have any reasons why you should not have your child.
Don't know. You will have to ask the people that are having you come in. Thinking really sneaky, it could be that your DNA is associated with a... Read More

If man goes for paternity test, why would he get a call to come in for background check?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
There are not enough facts here, but it could probably mean that so go for the background check.
There are not enough facts here, but it could probably mean that so go for the background check.

Is she ever legally obligated to do anything outside of provide times for me to come over and see my daughter?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You could ask your attorney to petition the court to interpret these orders.
You could ask your attorney to petition the court to interpret these orders.

Can I have her rights terminated and if I can, how can I go about doing this?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can try if she meets the standards as a bad mother listed in the law. You need to speak with an attorney to work this through the court.
You can try if she meets the standards as a bad mother listed in the law. You need to speak with an attorney to work this through the court.

How can I make sure of the custody of my daugther if there is no consent from the biological father?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
The order is what it is.
The order is what it is.

Can a mother just come and take her daughter after filing a child protective service case?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
If there is an order of the court it controls, if it is a permission to pick up at school it is necessary only for non-parent pick up. See an attorney with specifics.
If there is an order of the court it controls, if it is a permission to pick up at school it is necessary only for non-parent pick up. See an... Read More

is it legal to move with in state with mu child if we do not have a coustody agreement?

Answered 12 years and 4 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes if the other parent agrees (in writing to protect you). However, you are better off going to family court and getting a custody order that allows you to have custody and provides for your move.
Yes if the other parent agrees (in writing to protect you). However, you are better off going to family court and getting a custody order that allows... Read More

How can I ensure that my son's father doesn't keep me from our son if I leave him?

Answered 12 years and 4 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Don't leave your child there or basically you can be viewed as giving up your custody rights. If you do leave him there, you can file a petition for visitation with the family court. You may also be obligated for child support.  Your child is extremely young. Consider getting some benefits lined up or take the child with you to a shelter if things get too bad. Talk to some legal groups like Safe Horizon or inMotion or New York Legal Assistance Group.  You should realize that you do not have to depend on him or his family. You can figure out daycare options and take care of yourself and your child.  Good luck. ... Read More
Don't leave your child there or basically you can be viewed as giving up your custody rights. If you do leave him there, you can file a petition for... Read More