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 6
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Recent Legal Answers

Can my step daughter's mother be held in contempt by not enforcing the custody agreement set in place?

Answered 11 years and 5 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your husband should file a petition over this violation of his custody rights in Family Court. He can ask for an attorney to be appointed for his daughter.  Yes, this means a return to court. He can also file a petition to suspend child support because the mom is withholding access.  Cases like this can be complicated so he might consider hiring a lawyer.  Good luck!... Read More
Your husband should file a petition over this violation of his custody rights in Family Court. He can ask for an attorney to be appointed for his... Read More

How do I get custody of my 4 year old?

Answered 11 years and 5 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the child has been here for more than 6 months, you may be stuck with New York as the child's home state. This means you can file a petition for custody here and ask the court to let you relocate. You should do so right away, especially if he isn't letting you see the child.    Depending on your income, you may qualify for a free lawyer in Family Court. Custody cases like this can be very complicated, so I suggest you get a lawyer to help.   Good luck.... Read More
If the child has been here for more than 6 months, you may be stuck with New York as the child's home state. This means you can file a petition for... Read More

if a divorce is in filed in florida and the mother moves to new york state with consent of the father, can she threaten him for no visitation?

Answered 11 years and 5 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If she didn't sign in Florida, and you have an open case there, then you should talk to your lawyer in Florida about enforcing your visitation rights.  If, for some reason, there is no open case in Florida, you seem to be now under the jurisdiction of New York in terms of visitation because the child has been here for a year. You can talk to your Florida lawyer about starting a case there, but you definitely could start a case here in New York.  Situations like this can get very complicated because of the varying state laws, so I suggest you speak with several attorneys in Florida and New York. Good luck!... Read More
If she didn't sign in Florida, and you have an open case there, then you should talk to your lawyer in Florida about enforcing your visitation... Read More

can bipolar alcoholic ex make a meeting with school without including me if i have sole custody.

Answered 11 years and 5 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
From what you pasted here, you have final decision making. However, sole custody or final decision making doesn't mean that the other parent has no rights. You have sole custody, but your ex has every right to get information about the kids from their school or medical providers without consulting you.  If your ex is trying to make decisions or enroll the child(ren) in programs without you, that would be a problem. But if he's simply trying to stay involved as a parent, then you should be grateful you don't need to attend every school or doctor meeting with him - why seek interactions with him when you don't need to?  Good luck.  ... Read More
From what you pasted here, you have final decision making. However, sole custody or final decision making doesn't mean that the other parent has no... Read More

what should i do in this matter?

Answered 11 years and 5 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Just because she wants "full" or "sole" custody, doesn't mean that you have no right to visit. Depending on what you want to do, you can file a cross petition for custody or visitation. One standard that a custodial parent needs to have, is the ability to encourage the child's relationship with the other parent. Your wife isn't helping her case by denying you access time.  Custody cases can become very complicated. Consider hiring a lawyer to represent you. Good luck.... Read More
Just because she wants "full" or "sole" custody, doesn't mean that you have no right to visit. Depending on what you want to do, you can file a cross... Read More

Can i leave the state with my kids when i leave my husband

Answered 11 years and 5 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Under the UCCJEA (a statute), once you live in a state for more than 6 months it becomes the children's home state. You can expect to have a fight on your hands over jurisdiction (which state is the home state), even if it is clear that you returned to the state where you just moved from, because it sounds like he will want to litigate in NY and wants to keep you here.   Generally, this is a complicated matter and you should talk to a lawyer in each state, but the longer you reside in New York, the more likely that it will become the home state. ... Read More
Under the UCCJEA (a statute), once you live in a state for more than 6 months it becomes the children's home state. You can expect to have a fight on... Read More

What do I do now if I said something untrue to a mandated reporter and they reported it to CPS?

Answered 11 years and 6 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there is an investigation you can explain your remarks to the investigator.
If there is an investigation you can explain your remarks to the investigator.

Am I legally allowed to remove my daughter from the state without the fatherโ€™s consent?

Answered 11 years and 6 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should petition for a custody to get the child custody determined legally. Is the father paying child support? If not he may not want this step to be taken. You can petition for sole custody and then you can take her where you want.
You should petition for a custody to get the child custody determined legally. Is the father paying child support? If not he may not want this step... Read More

Does a custody disagreement make a divorce contested?

Answered 11 years and 6 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Certainly child custody is part of the divorce and if it is not agreed upon the divorce would have a contested element.
Certainly child custody is part of the divorce and if it is not agreed upon the divorce would have a contested element.

What do I need to obtain a guardianship for my son living now in the US and I am now living in Abu Dhabi?

Answered 11 years and 6 months ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You probably only need to prepare a temporary authorization for the care and custody of the child form appointing the older son as the temporary guardian. You probably would not have to go to Court. This assumes you have sole legal custody and it would be helpful to know the rights of the other parent.... Read More
You probably only need to prepare a temporary authorization for the care and custody of the child form appointing the older son as the temporary... Read More

Can a police officer call you and tell you that you have to turn yourself in or warrant will be issued for an argument over the phone?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
This doesn't seem likely. Do not speak with the police again without an attorney present.
This doesn't seem likely. Do not speak with the police again without an attorney present.

Can custodial parent take me off child support and then put me back on it again in the future?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
This would only happen if the court agrees to even take you off child support, contact an attorney.
This would only happen if the court agrees to even take you off child support, contact an attorney.

If parent with physical custody flees the country and leaves the non-custodial parent can child support be terminated?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes, it would seem likely that you can petition for sole custody and physical custody. When you have physical custody child support will end.
Yes, it would seem likely that you can petition for sole custody and physical custody. When you have physical custody child support will end.

Could I now get involved with my child after 24 years without legal ramifications?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can't be sued for child support unless she filed a petition with the court when the child was a minor.
You can't be sued for child support unless she filed a petition with the court when the child was a minor.

Am I still obligated to pay if I only agreed to pay ยฝ for my daughterโ€™s 4 year course and she is now going on her 5th year?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That is hard to say without looking at the actual agreement. Discuss this with your attorney, there could be something in the wording stating you are obligated until she receives a degree.
That is hard to say without looking at the actual agreement. Discuss this with your attorney, there could be something in the wording stating you... Read More

If I don't have custody of my child do I still have to pay child support?

Answered 11 years and 7 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The simple answer is yes. If the court has ordered you to pay child support you have to pay it or end up in jail.
The simple answer is yes. If the court has ordered you to pay child support you have to pay it or end up in jail.
If you are in arrears that will not be erased. There would be no child support going forward after your remarriage.
If you are in arrears that will not be erased. There would be no child support going forward after your remarriage.

Can the father of my baby prevent me from moving out of state with our baby?

Answered 11 years and 8 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Custody for this child cannot be determined until the child is born and will most likely be yours. If there is a problem with the move, then the father will have to go to court to petition for joint custody. He could make such a petition, but cannot do so until the child is actually born and then he has to prove that he is the father and has parental rights.... Read More
Custody for this child cannot be determined until the child is born and will most likely be yours. If there is a problem with the move, then the... Read More

In NYS does an unmarried mother need permission from the father to relocate

Answered 11 years and 8 months ago by attorney Ilysa M. Magnus   |   1 Answer   |  Legal Topics: Child Custody
Hi   It is immaterial and irrelevant that you and the father of your child are not married.   As long as he is an active participant in your chlid's life, pays child support and lives in NY, you will need the Court's permission to relocate unless he otherwise agrees in writing.   Also, if you are seeking to relocate for other than satisfactory reasons -- that is satisfactory to the court -- you will not obtain permission to relocate. I hope this helps.... Read More
Hi   It is immaterial and irrelevant that you and the father of your child are not married.   As long as he is an active participant in... Read More

Can I remove my kids from CPS if I haven't been charged with a crime?

Answered 11 years and 8 months ago by attorney Vanessa J. Gorden   |   2 Answers   |  Legal Topics: Child Custody
Juvenile cases (abuse and neglect) are not the same as criminal cases - juvenile cases are considered civil matters and the standard for proof is much lower than criminal. So, no, you cannot stop a CPS/DHHS investigation or remove your children from foster care on the basis that there is no criminal case. Transferring to another state may be possible if there is an ICPC done approving someone in that state to provide care while you work a rehabilitative program. However, the ICPC process can take 3 to 6 months, sometimes longer. Your best bet is to get a good lawyer in your juvenile case here and follow their advice as to strategy. Best wishes.... Read More
Juvenile cases (abuse and neglect) are not the same as criminal cases - juvenile cases are considered civil matters and the standard for proof is... Read More

If my son's father got married and his wife wants to adopt my son, do I still have to pay child support and back pay?

Answered 11 years and 8 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You would have to give up your parental rights for the adoption to happen. After that has occurred child support can be petitioned to be stopped.
You would have to give up your parental rights for the adoption to happen. After that has occurred child support can be petitioned to be stopped.

Can they deduct money from a joint bank account for child support?

Answered 11 years and 8 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If they have a court order for one of the owners of the account they can.
If they have a court order for one of the owners of the account they can.

Can I file some kind an emergency procedure which will prevent her from leaving the state?

Answered 11 years and 9 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
File a petition in the court for temporary orders that she not take the child out if state, right away.
File a petition in the court for temporary orders that she not take the child out if state, right away.

Can she take him from me if the paperwork says nothing about moving?

Answered 11 years and 9 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If nothing will change then the court will probably not change it unless you moved to another state. You need to speak with an attorney.
If nothing will change then the court will probably not change it unless you moved to another state. You need to speak with an attorney.

Does the state have an amnesty day for child support owers?

Answered 11 years and 9 months ago by Bruce Provda (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I have not heard of this. You really need to consult an attorney and get your support modified since your circumstances have changed.
I have not heard of this. You really need to consult an attorney and get your support modified since your circumstances have changed.