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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 12
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Child Custody
New York

Recent Legal Answers

Im in the military and my wifes ex husband is trying to protest us tranfering units from NY to TN.

Answered 12 years and 4 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your wife must go to the family court (or back to the court that granted her divorce) and file a motion to relocate. She should do this ASAP. He can stop the move or demand a change of custody. She should file before he files something first. After the move, he could file and demand her immediate return or transfer of custody - which can be extremely expensive and problematic. Do not take a "wait and see" approach. Talk to a lawyer near you who handles family court cases right away. Good luck.... Read More
Your wife must go to the family court (or back to the court that granted her divorce) and file a motion to relocate. She should do this ASAP. He can... Read More

When can I move child in new house after I gave my 45 notice?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
What does the order say? Does it say give 45-day notice and nothing more? Then you can move the child after the 45 days has expired.
What does the order say? Does it say give 45-day notice and nothing more? Then you can move the child after the 45 days has expired.

Is it possible to get custody of our unborn nephew?

Answered 12 years and 4 months ago by attorney Karen McManaway   |   5 Answers   |  Legal Topics: Child Custody
The choice is theirs, however, I am surprised that they would rather let a stranger raise the child then family members. You cannot adopt until the child is born.
The choice is theirs, however, I am surprised that they would rather let a stranger raise the child then family members. You cannot adopt until the... Read More

Can a DA legally not do what a judge has requested?

Answered 12 years and 4 months ago by Ava Gail Gutfriend (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Unfortunately without knowing more details about the case, it is difficult to offer advise. I suggest filing an immediate custody action in the Family Court of your county. Thereafter, seek the legal assistance of an attorney versed in the area of family law. 
Unfortunately without knowing more details about the case, it is difficult to offer advise. I suggest filing an immediate custody action in the... Read More

How do I get custody back of my 7 year old daughter?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
The simple answer is that you file a motion for what you want. The problem is that your 7-year old is too young to determine what she wants. The other problem is that you need an attorney. Just because you don't know what you are doing is no excuse. You need to prove to the court that you can and your fiance can provide a safe and stable environment. The CHIPS people didn't think you were doing that. You say there was no abuse, but somebody thought there was something. If you want your daughter, you will have to have an attorney. Right now the deck is stacked against you.... Read More
The simple answer is that you file a motion for what you want. The problem is that your 7-year old is too young to determine what she wants. The... Read More

If my ex wife moved with my son and she is now back, what do I need to do to see him?

Answered 12 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
What does your order say regarding custody and visitation?
What does your order say regarding custody and visitation?

What can I do if my ex keeps threatening to go after full custody?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
See an attorney. If the facts are as you state this is a poor argument to change custody. I can explain why.
See an attorney. If the facts are as you state this is a poor argument to change custody. I can explain why.

My 16 year old daughter gave birth am I still obligated to pay child support for her?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
It depends on the judgment or order in effect, and perhaps the circumstances if she is actually "emancipated".
It depends on the judgment or order in effect, and perhaps the circumstances if she is actually "emancipated".

Can I file for DNA testing to prove paternity?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
It may be too late if there is already an adjudication.
It may be too late if there is already an adjudication.

How can I take a child into my home without adoption?

Answered 12 years and 4 months ago by Kevin Hunter Pate (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
If it is short term, a notarized permission to treat for medical purposes may suffice.
If it is short term, a notarized permission to treat for medical purposes may suffice.

Being the numbers a wrong, is this income execution for support enforcement legal?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Talk to a custody/support attorney about this right away so you will know how to oppose it.
Talk to a custody/support attorney about this right away so you will know how to oppose it.

Can the grandmother have full custody of her daughter's child without her approval in court?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
First of all, the mother needs to send the grandmother a letter revoking the power of attorney. Then she needs to call the police and the two of you need to be there at grandmother's with the police to get your child.
First of all, the mother needs to send the grandmother a letter revoking the power of attorney. Then she needs to call the police and the two of you... Read More

Should I trust him for a settlement if I am taking him back to court for child support modification?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Only if you agree to the terms. Regardless, it would still be better to at least have an attorney review the settlement with you so that you understand all of the ramifications.
Only if you agree to the terms. Regardless, it would still be better to at least have an attorney review the settlement with you so that you... Read More

How should I go about getting guardianship of great nieces and nephew who were placed in foster care 15 months ago?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to speak with a custody attorney. It seems strange that it is too late to take children out of foster care. An attorney can look into this for you.
You need to speak with a custody attorney. It seems strange that it is too late to take children out of foster care. An attorney can look into this... Read More

Can a parent take a 15 and 17 year old out of the country on vacation without written permission from other parent?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Vacation, sure, why not. To move, no. However, there is the question of passports and if they don't have them, the will probably need both parents consent to get them.
Vacation, sure, why not. To move, no. However, there is the question of passports and if they don't have them, the will probably need both parents... Read More

How does one change temporary custody?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
See an attorney, this looks like a mess which will only get worse. Sign nothing without counsel.
See an attorney, this looks like a mess which will only get worse. Sign nothing without counsel.

How do I get custody of my child after a conviction of embezzlement?

Answered 12 years and 4 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Was there any custody decision made before you went to prison? You can petition for joint custody of the children which is a reasonable solution. Speak with an attorney.
Was there any custody decision made before you went to prison? You can petition for joint custody of the children which is a reasonable solution. ... Read More

Can the mother get custody of the children in the event of a divorce?

Answered 12 years and 4 months ago by William M Stoddard (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
First understand in the state of Washington joint custody is the norm. There may be a visitation custodian and a residential custodian, but joint custody is the expected way children are to be treated. Your question is what are your chance of being the residential custodian if there is a divorce. That depends on which parent provides more care to the children. I would guess that in custody disputes, woman are awarded residential custody about 65% of the time.... Read More
First understand in the state of Washington joint custody is the norm. There may be a visitation custodian and a residential custodian, but joint... Read More

What should I do if my children's father is trying to gain custody through false allegations?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
All you can do is your best. You can do nothing to him, legally, that will stop him from being a jerk. You can get a good attorney who is prepared to go after him tooth and nail when the issue comes up in court. That may give him pause before he tries it again.
All you can do is your best. You can do nothing to him, legally, that will stop him from being a jerk. You can get a good attorney who is prepared... Read More

How can I get temporary custody of our son?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
I would strongly suggest a petition to the court to make the change the order of the court an modifiable only by a subsequent order.
I would strongly suggest a petition to the court to make the change the order of the court an modifiable only by a subsequent order.
Child Custody
New York

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