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Child Custody
New York
Recent Legal Answers
In California, you are considered the presumptive and legal father of the child since you are married to the mother at the time of the birth. Any... Read More
The mother can argue for support going three years back, however you can argue reasons that you were not aware you had a child, etc to request a... Read More
Does the mother have a custody order? If the child has lived here for three years, you can file in Family Court to get an order of custody for... Read More
This is very sad but not uncommon. Document each missed visit and make a motion to modify the schedule - maybe fewer visits will force him to be on... Read More
If she signed an agreement to act a certain way, and she isn't complying, then make an enforcement motion. Good luck.
You need his permission or a court order that allows you to leave. If the child has been in New York for six months or more, then New York has... Read More
Ask the school if they will authorize it.
Typically after an appeal, the decision goes back to the trial court to make changes in accordance with the finding from the appellate division. So,... Read More
If smoking is the only issue, then most likely not. The standard for whether someone is custodial is the best interests of the child, some of those... Read More
I read this as the extended visitation supersedes the regular visitation: any extended periods of visitation apply, and regular visitation schedule... Read More
Custodial interference can only be proven if your son is actually going to come to court to speak about same, and the court finds that said... Read More
The parent as natural guardian has primary rights over a child. However, if you have effectively raised the child for the past two years, you should... Read More
The start and end dates of school should not be the determining factor- if your husband reasonably believes the middle child is in danger, he has the... Read More
If indeed the terms of the visitation were not carried out, you have the option of filing a violation petition.
Gerry Wendrovsky, Esq.- Upper West... Read More
It sounds like you have the right to set visitation based on what you deem reasonable. Show your agreement to a lawyer in person to get a better... Read More
Two things- it may be that there is a degree of parental alienation going on; however, the only way to address it vigorously in court. If a violation... Read More
A father who is having sex on a hood of a car, let alone, anywhere in close proximity to a child, is going to have a bad day in court or obtain... Read More
The father has a right to visitation. You should file a petition for custody and seek to have a court order your custody. Good luck!
No. But their father does. Talk to him about moving to change custody so that they can be with you both and you can limit the negative in their... Read More
Usually the person who has visitation rights is responsible for pick-up and drop-off. That could however factor into child support, as it might cause... Read More
The answer really depends. Is the mother simply taking a trip with the child out of country? Is there concern that she won't come back? You may need... Read More
You need to file a petition to relocate if he won't agree. Otherwise he can hold up your move. If you have good reasons for the move and it won't... Read More
If she is receiving some "sort of" support from the government, they will be looking for a father to pay court ordered child support.
You could contact Legal Aid or your local bar association and ask them if you meet their income requirements for free legal help.