New York Child Custody Legal Questions

This man's level of absence in the child's life is so great (and so deplorable) as to make him a very good candidate for termination of parental rights. In a nutshell, a parent who has abandoned, abused, and/or neglected a child sufficiently as to be unfit as a parent can have his/her parental rights terminated by a court if the other parent files a petition to terminate parental rights with the court and obtains an order terminating those parental rights. The father this child does not inherently have rights of visitation simply because he is the biological father. He cannot demand that you allow him to see "his" when for the previous six years he's had virtually nothing to do with the child. However, bear in mind that the police cannot prevent him from asking the child, and if he were to see your son just walking down the street and picked them up and drove him home to his house, the father can do this because until his parental rights are modified or terminated by a court, you are not the only parent to have exclusive custodial rights. This is why you want to file a petition to terminate his parental rights immediately, and get a temporary order from the court awarding you sole physical and legal custody of the child during the pendency of the proceedings. Do you see why it's such a good idea to get an attorney in these situations? Don't be penny wise and pound foolish; consult with and use the services of a good family law attorney in petitioning to terminate parental rights.... Read More

Hi -- i don't know from your question whether the parental access you have is by agreement between you and the mother/father of your child or by court order.  If it's by agreement, the agreement likely will state that it is to be governed by the laws of the State of New York.  If by order, you can "domesticate" the order in the other state so that it effectively becomes an order of that Court.   All you need to do is to have the order filed with the Clerk of the other parent's court. The short answer is yes, it should be respected in another state.  However, if the state is so far away that your regular access to your child is impossible, you should be bringing a petition to modify the parental access schedule based upon the other parent's relocation.  I'm assuming too that you are ok with the other parent moving or living elsewhere with your child -- but that's an entirely different question.   Hope this helps.... Read More

If you and he are living separately, you can go to family court and file a petition for custody. If you are still living under the same roof, you can go to the Supreme Court and file a divorce action, and address the custody issue there. You may want to talk to a lawyer to discuss all of your options. If you are the primary care-taker, then you may have an advantage in seeking custody. A lawyer will explain your rights and options in better detail. Good luck!... Read More

She needs to file for custody and request specifically to rellocate. She also needs to start documenting the abuse with the police. As she is the primary caretaker, she may have a good chance at custody. Since the father travels often, it may be that his access time with the children won't suffer if she moves. She will need to talk to a lawyer about her rights. Good luck.... Read More

Sounds like you should just continue to make yourself available to help. Your sister has allot on her plate right now. Offer to let the kid visit you for a few months and generally just make yourself available. Generally filing anything in court leads to "a big huge family feud." Good luck.... Read More

Unreasonable continuances in custody matters are contrary to public policy but common in some courts (especially LA). If the continuance was for a custody-related reason such as allowing time for a custody evaluation, you seem to have no choice. However, if it was just a court scheduling matter, your only alternative to waiting would seem to be bringing an ex parte application for an order shortening time, citing the law that provides that custody has priority over every other matter on the court's calendar except domestic violence. So if the court has divorce matters scheduled ahead of yours, you can insist on being given those dates. If the court is only hearing other custody cases, you are stuck. Usually, a judge will resist efforts to insist on the priority. Then it is a question of how much you are willing to aggravate the judge who, in the end, is the person who makes the decision about the final custody order. This is tricky stuff. An attorney would be a good idea at this point.... Read More

No, 12 year olds don't make these decisions because they are children. It doesn't sound like there are any persuasive reasons why this should happen other than the whim of a kid. If there are actual reasons, e.g. Dad is an alcoholic or is abusive to her, then you can go to court on a third party custody action in which you will have to allege that neither parent is a fit parent. If you can't do that, the kid stays put.... Read More

The short answer is no --  The only caveat is that, unless you object to the venue being placed in a third county having nothing to do with either residence, the Court will not be aware that they have no jurisdiction. I would obviously raise that issue immediately with a judge.  ... Read More

Hi   Typically, a judge will consider the wishes of a child in his/her early teens -- usually 13 or 14 is the winner.   11 and 12 are on the fence unless the child is particularly mature and verbal about his or her wishes.   A child about to turn 11 may be too young for a judge to weigh her decision as much as the judge's own considered judgment about the appropriate place for a child to live. A judge will also consider what is in the child's best interests.  If there are reasons why having your daughter live with her mother is contra-indicated, that information should be brought to the attention of a judge.  If the decision to live with you has nothing to do with her mother's fitness as a parent, then I don't feel comfortable telling you that a judge will sufficiently weigh your daughter's wishes at this stage of her life.   However, in a couple of years, you should feel fairly confident that her wishes would be dispositive unless a judge believes that she is being manipulated by you to move to your house -- obviously, this is not what we would want a judge to conclude!  If the desire to live with you is entirely for the appropriate reasons, a judge will give weight to your daughter's wishes at that point.... Read More

You most likely will not be able to get anything accomplished at the child support hearing, as that hearing will not involve custody or visitation (parental responsibility or timesharing). However, you can file a legal action to establish your parental rights. You should consult with an attorney in order to best determine your potential rights and options, especially with something so important at stake.... Read More

It depends on what your court order or agreement says about moving. You are best off filing a petition to move in the family court (or getting dad's permission in writing). If he doesn't agree, you can present your case to the court to try and get permission. This is a complex type of case and you are better off having an attorney. Good luck.... Read More

Because you share joint legal decision making, if you both agreed on the activity, then he should be responsible for participating during his time. One parent should not schedule activities during the other parent's time. Perhaps he feels like his time is too limited as it is, but maybe you can offer some extra time during the week? Try to work it out yourselves. Good luck!... Read More