New York Child Custody Legal Questions

You most likely need to file a motion in the NY court demanding return of the child (I'd suggest a petition to enforce the terms of the custody/visitation order, and a writ of habeas to produce the child, and maybe even ask for a warrant for his arrest). The longer you allow her to stay there, the more likely he can win at changing custody. Get a lawyer in your area, or see if you qualify for free legal help at the family court near you. Don't delay. Good luck.... Read More

If your daughter has been residing in NJ for six months or more, you should file to dismiss the NY case and file your own case in NJ immediately. The UCCJEA prohibits shopping around for the best state court - the courts can only take a case if the child has been living there for six months or more. If she's with you most of the time and her residence is NJ, you need to make that clear, otherwise you will end up stuck in New York. This is a complicated issue and I suggest you get an attorney to help you in your NY case and to start an immediate case in NJ. Good luck!... Read More

Leaving the jurisdiction with your child when you and your former husband have joint custody -- and i assume that he has been seeing the child regularly and paying support -- is the last thing you want to do n NYS without either his consent in advance or Court permission.  Has he said he is opposed?   If not, then you must get something in writing from him, formally acknowledged before a notary public in advance of your move.  If he says no, then you have the option of bringing an application by order to show cause in the Supreme Court which granted your divorce.   That having been said, you need very good reasons to leave -- he has a history of non-payment of support for instance; you can't afford to stay here; you've tried to get a job here and can't (and be able to demonstrate a broad job search), etc.   The case law is very clear that the Courts here do not lightly consider requests to relocation so that reasons why you are seeking to relocate are looked at very closely.   ... Read More

Usually, to make a move the custodial parent will need consent of the other parent, or a court order. If the non-custodial parent objects to a proposed move (or an actual move), the non-custodial parent can file a petition in family court to stop the move and even ask for a habeas (to bring the children to court) and a warrant for the other parent's arrest. This is a serious issue and you should consult an attorney. Good luck!... Read More

I think it unlikely that the court would force the kids to have more time, especially given their ages and the gap in visits. Based on what you are saying, you are trying to encourage a relationship and he's causing the problem. Usually in a case like this, an attorney would be appointed to represent the children to help them relay to the court the trouble they are having with the visits. Good luck!... Read More

Generally, you should look to where the child/18yo is living the majority of time. If the child/18yo isn't living with either parent, then the child might be emancipated (and no support would be needed, depending on the facts - college is not an emancipation event). If it isn't clear, or both parents have exactly 50/50 access, then the law says the "monied spouse" pays (so the person who earns more pays child support). In a case like that, it would be reasonable to deviate from the CSSA amounts.  So, as you can see from my answer there are many factors that may be dependant on what's happening in your case. You should talk to a lawyer about the case to know for sure. Good luck.... Read More

If you guys filled out the Acknoledgement of Paternity and his name is on the birth certificate, than all you need is the birth certificate. You can also get a copy of the Acknowledgement of Paternity from the Dept of Mental Health. Usually, in such cases a paternity test is not needed. Good luck.... Read More

You need a written agreement or court order for child custody (to change custody), then you can use that agreement or court order to get a court order to terminate support. You must have an order to terminate child support - if you try to do it on your own, you will get hit with arrears and all the penalties that come from not paying. Good luck.... Read More

If there is no custody order, you have custody de facto, but it would put you in a difficult situation if the father took the child and refused to return him. Go to the family court near you and file a petition for custody - it is free at the family court and the clerks can help you. Good luck!... Read More

I think that divorce mediation is a great option if you are able to continue trying to put the needs of your kids first. Many people consult with their own attorney during the mediation process so they can have lists and a sense of their legal rights (and what a court might do) while they negotiate with their spouse, guided by the mediator. Consider hiring an attorney to consult with during the process. That person can also review your agreement once mediation is complete and help you finalize your divorce. Good luck!... Read More