New York Family Legal Questions

Hello there,  By law your ex should be paying YOU child support.  you should file a modification of child custody with the family court. if she does not agree to stop the child support, you can file a modification of child support in family court to stop it. If you want her to pay you child support that is up to you.  However, remember that custody is determined by how many overnights the child spends with either parent ... Read More

There are several issues with your planned course of action.  Under the Uniform Child Custody Jurisdiction Enforcement Act ("UCCJEA") the father can commence an action for custody/visitation here in New York, and you would have to return to allow the New York court to determine: (a) who should have custody; and (b) whether you should be permitted to relocate out of state with the child.  (Each of these are complicated issues so I won't attempt to deal with them here;  I have divorce guides on my website that might be helpful.)  Also, some judges are offended when a parent moves out of state without the Court's permision. The better course of action would be to reach a written agreement with the father in which he acknowledges and agrees that you are moving out of state.  That way he can't later claim you moved without him knowing about it or that you absconded with your child. Lacking that, you might want to start custody and child support proceedings in the NYS Family Courts (assuming they will accept new petitions, hopefully soon), get an order of cusoty, get a proper amount of child support, and get the court's permission to relocate. Good luck.... Read More

Hi under NY law, there is a statutory 3 year look back which would be used to modify your child support.  Since I don’t know whether you have an agreement in which child support is addressed, I don’t know whether you addressed modifications or waived them.  If not, then you can go to family court and file a petition for an upward modification of support.   i hope this helps Ilysa Magnus... Read More

If the gun was not secured (gun lock, stored in an appropriate locattion, etc.) or otherwise was not kept or maintained as required under your state laws (other than being possessed illegally), then you probably have a good argument for child endangerment. If the gun was secured, then you would have to argue that the fact that your ex was found to have illegally possessed a firearm constituted a material change in circumstances, such that the best interest of the child now warrants a modification of custody in your favor. This would probably be an uphill battle, unless there is a specific statute in your state enumerating these particular circumstances as a ground for a child endangerment finding.  You would have to paint a picture where the simple act of possessing a firearm illegally posed a threat to the health, safety or wellbeing of the child.  The obvious argument would be, "well if he brazenly disobeyed the law, then what would stop him from hurting the child."  The problem is that a judge could simply respond, "he was a felon at the time of the initial order, so the fact he has illegally possessed a firearm is not exactly a change in circumstances, at least since the act of possessing a firearm alone, without more, does not suggest a threat to the child."  In order to get around this, you want to have hard evidence that the father not only possessed a gun when he should not have, but was also suicidal, bipolar and compulsive, a habitual hard drug user such that he could fire the gun while high and not even notice because of how high he gets, etc.  This would all require some psychiatric or medical testimony from a treating physician or expert witness.  In other words, you cannot just go into court and say these things, you need a credible witness with firsthand knowledge.  And, you must emphasize that any such circumstances are a "change" in circumstances because they were unknown or not present at the time of the initial custody order. Unfortunately, I am unable to provide representation because I am a Maryland child custody lawyer.  You should absolutely contact a family lawyer licensed in your state before proceeding further.... Read More

Unless your custody agreement specifically prohibits you from having your children around your (not so new anymore) boyfriend, or he's a substance abuser, abusive or a criminal, their father absolutely cannot prevent you from having the kids around him. It's not clear to me how he'd even prevent it, given that you have joint custody. If your ex is withholding the children from you on your days because of your boyfriend, you need to take him to family court for violation of your custody agreement. Don't wait too long- don't let him start to poison your kids against your boyfriend, because I guarantee you he's already started to try to poison them against BOTH of you. Lay down the law with your kids' father, and if your ex won't follow it, take him to court.  ... Read More

Not clear what you mean by "it's a Maryland court". If your children live in New York, the school district they're supposed to be in is in New York and your custody agreement was made in New York, I can answer your question. What you described is child abuse in any jurisdiction, but I can only answer your question if falls under New York law. Please clarify and I'll be happy to answer. ... Read More

You need to file for divorce. From the moment he is served with divorce papers, he (or his niece/ attorney in fact) is not allowed to dissipate marital assets, which would include mortgaging your property. Until then you need to protect your half of any joint liquid assets you still hold together with him by withdrawing it and creating a separate account for yourself. As for the rest, it is very unclear and more information is needed.  ... Read More

I am sorry for your situation- you sound like an incredibly strong person handling your difficulties in a very mature way. You haven't dropped out of school, and that is fantastic. A lawyer can navigate you through the process of emancipation, simply and inexpensively, and if your mother refuses to cooperate, a judge will help you. Eventually your mother will see that you are doing the best thing for everyone by finding another supportive family to live with, instead of what sounds like an unbearably overcrowded apartment, and your relationship will be repaired.  Good luck!... Read More

Whether or not he is working, he is obligated to pay child support, which is the state minium required for unemployed. If his wife is gainfully employeed. and they both pay taxes Jointly, and have same bank account along with other factors, than YES, she can pay on his behalf or whatever. But it is him that you need to pursue for child support, since he is the father not his wife. You should retain a lawyer if you don't already have one. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Child custody cases are not easy and requires expertise of a family law specialist. Your daughter can definetly get Joint Custody, and it would be beneficial to maintain contact with a lawyer. Technically, you can not proceed to litigation until the child is born. When the child is born, depending on which state child is born in, preferably, New York/New York City, you will than be able to go to court, and ask for Joint-Custody. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

You really need to consult with your attorney in a high conflict parenting situation. If there is imdediate or potential danger to you or the child, your attorney should be requesting a temporary relief from the court and having the court issue an order to conduct pick-up / drop-off at the local precint. If you don't have an attorney, you should get one. If you can not afford an attorney one might be available to you by the court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Martha, you will need to establish a Protective Order against the individual and possibly sue them for personal injury such as emotional or mental abuse or etc hardship that their actions may be costing you. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Lisa, being emancipated requires yourself to be self-supporting. If you are employeed, taking care of yourself, and have your own place or whatever and does not require being dependent on a parent for financial needs you probably can become emancipated. You will need to contact at attorney directly to go over your situation. An emancipating attorney charges anywhere $1,500 to $2,500. You can call my office and speak with a case manager at 877-866-8665... Read More

What you will need to do is contact a Child Custody Speciailist and go over your options. As long as you have sole custody of the child you have the right to make decesions who gets to see the child. Most important thing to do right now is to establish some types of custody arrangement for the wellfare of the child. A Child Custody case on average will start at $2,500 to $4,000 for anyone interested in retaining custody of the child. Feell free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read More

In order to modify child support, you will need to petition to the family court of new york in the county you currently resides in and demonstrate a change of circumstances to request the modification. Filing merely based on the inaccurate financial information in the divorce proceedings does not stand alone on its own. You will need to discuss your situations with an attorney to see if you have a substantial reason to make the necessary changes. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read More

There are few concerns that need to be addressed in your situation for an attorney to better assess the situation. Why is the Magistrate on your sister Side? Please email all court related documents to help@smsattorneys.com for review. Also, feel free to contact me directly at 732-804-9948. ... Read More

You can file a petition for relocation in the court in the county where the child lives. There is no set formula for a court's determination of a relocation petition; the court considers the facts and circumstances of each case, and ultimately must make a determination that is in the best interests of the child. Petitions have been granted where the court found that if relocated, the child would have better opportunities economically, socially and educationally. It is also important that the child be able to see both parents regularly, athough the frequency of such visits is also not determined by a set formula.  If it would be economically unfeasible for the child to have regular visits with both parents if there is a relocation, it is unlikely the petition would be granted.   ... Read More

You are already a single mom with the tough financial situation. I understand why you want to notify the child father. However, there is nothing much you can do until the child is born. How far in pregnancy are you and you should keep his contact information current, you will need that once the baby is born. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager.   ... Read More

When you have the child with you, you are responsible for the child as if you are the custodial parent. Please contact an attorney to go over your options and legal situation. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager.   ... Read More

Hey Mary, and congrats on your new job. Despite the pay increase or decrease, you both have to follow the current parenting or court order in place. Just notify him via email or in a letter stating the increase in your pay and as per the court order the new amount that you both are supposed to pay. If you guys need to modify the parenting order to accommodate the increase/decrease in the obligation than please contact an attorney directly. Also feel free to contact me for a free consultation. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in New York.... Read More