FAQ


Can father be declared unfit and permenanently lose contact?: Custody/visitation - Filed motion significant change in circumstances Father recovering heroin addict. Three and half years sober - employed with same company for 3 years. Modification originally heard 3/ 2015 over two years ago. Both parties represented by attorneys. attorney fo child interviewed son at age 7 - said he wanted to see father. Father sending monthly gifts to son. No acknowledgement from mother. Paid out $ 19000 to attorney. Pages and pages of treatment records - opposing attorney not satisfied with records.Both parties now pro se. Second attorney for child spoke with child at age 9 does not want to see father and wants step father's last name. Judge asked father how he wants to proceed. Taken by surprise. Attorney for child will continue to obtain more records. Can judge order no contact with father? forced to give up son for adoption? Attorney and judge treat father as if he is an active addict . Father feels discriminated against. Treatment records release given to attorney for child. mother wants records thinks dad is hiding something. Father had been on methadone tapered off 2 years ago and completed level one outpatient counseling program.

David's Answer

First, you should have an attorney representing you - if you cannot afford an attorney, ask the Judge to assign you one. Second, while a Judge cannot terminate your parental rights or "force an adoption" under such circumstances, a Judge does have the discretion to enter an order of no visits or an order of therapeutic supervised visits. Schedule a consult with a Westchester Child Custody attorney for a full assessment.


Can child support touch my saving account?: I'm paying my back support but I can't get a metro to work and rent and food off 13.00 after they take out . What can I do?

David's Answer

If there is a money judgment in place for child support arrears, then generally SCU (or the support recipient via counsel) may execute a seizure of assets in a bank account. There are certain exceptions to this, however, so you may wish to have the matter review by an attorney. Call a Bronx Child Support attorney to schedule a consult.


How can I get my arrears lowered can't afford to pay the 277... how can you help?: I'm disabled and I only get $525 from SSD child support is taking $277 of that I can't even pay my rent I don't get food stamps so how am I supposed to eat please help me I no longer live in New Jersey I live in New York now don't have enough money to travel back to New Jersey to go to court don't know what to do please help.

David's Answer

So are you discussing a NY order, or a NJ order? Assuming it's a NY order, you'd need to file a modification petition & a Petition to Adjust Arrears. For the Court to limit arrears to $500 in any given year, you'd need to be able to prove to the satisfaction of the Court that your income was below the poverty line, and it was thru no fault of yours. Call a Bronx Child Support attorney for more info.


My son lives with me for the pass 6 years and l want full custody?: I need it in paper work.

David's Answer

You may file a custody petition in the Family Court. Be sure to have a good address where you can serve the other parent. Call a Bronx Family Law attorney for more info.


In NYS can my friend record our conversations then give them to my Ex to use against me in court?: Going through a divorce in NYS, talking with my friend of 15 years about my Ex (no threats or specifics about the divorce) just about my feelings regarding him and his mistress. My friends husband works for my Ex, as does my Ex's mistress. Can my friend record our talks without my consent and then give them to my Ex to use against me in court? My friend knew about the mistress from other sources. Our case is only financial there are no children and I filed on irreconcilable differences not infidelity.

David's Answer

Yes - it is only illegal wiretapping in NY if one is recording a conversation one is not a party to. How useful it would really be if finances are the only issue is debatable. Schedule a consult with a White Plains Divorce attorney for more info.


Can I move with my military husband if there is a prior custody order for my daughter?:

I have a daughter with my ex. She is currently 8 years old. I received a final order of custody in this year August. I have sole physical and legal custody and my ex gets every other weekend Saturday morning to Sunday evening. Plus holidays are split between us alternating years for day visits. In the order it also says that I cannot relocate outside of the greater New York city area. My husband is about to join the military and he is thinking of doing active duty marines. Which means that after he finishes basic training and tech school he will be stationed on a base out of state. If I want to move with him to live on base in another state, will I be able to bring my daughter with me and get my court order modify so that I can move out of state. The base could be located in either California, Georgia, South Carolina, Arizona or Virginia. How do court orders work when you are married to someone in the military but have a child with your ex? How does family court handle situations like this? I already know my ex will not agree to allow the move. I don't want to stay behind from my husband for 4 years but I dont want to leave my daughter with my ex since he cannot support her.

David’s Answer

You cannot automatically move, merely because you have sole custody. You'd need either the Father's express permission, or you'd need to file a custody relocation case in Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.


Will the Court still order a DNA..all 3 parties are aware who's the biological father we have proof evidence..and private lawyer: Hi during my marriage I had an affair which lead to a baby.. I was aware who the dad was but was afraid to tell my husband now everything is out..and all of us know who's the real dad.. is it necessary for the courts to do a DNA.. we have proof ..evidence and we did our own DNA.. my husband is signing off his rights because he know he's not the Dad.. and the biological dad wants he's rights we have our next court day in 2 weeks.. I hope this is our last one we been going to court since march... ..

Asked 1 day ago in Adoption

David's answer: If the child was born during the marriage, then the court must hold a hearing to overcome the "presumption of legitimacy." The Court may even need to assign an attorney to represent the child. Schedule a consult with a Bronx Adoptions attorney for a full assessment.

Answered about 5 hours ago.


What can I do about the court-appointed attorney? He can't keep badgering my kids like this until they say "yes, I want to go." : I am divorced from my wife. We have 2 kids, ages 7 and 8. Over my objection, she wants to relocate with them to Portland, OR. in "no way, shape or form", is it in their "best interests", to do so. The kids' court-appointed attorney has already interviewed them about the move and they were unsure about it. The judge scheduled a trial, which will help he make a determination one way or another. Prior to the trial, this attorney wants to interview them YET AGAIN, and if the kids now want to go,he'll approve the move! I don't want him to interview the kids any more. I've never been abusive towards them, they love me very much, the mother has not fully cooperated with all the court orders involving visitation over the last 6 years. The 3,000 mile distance is insurmountable. For all intents and purposes, any orders, e.g., nightly telephone calls, religious upbringing, visitation set forth by a NY court will thereby by unenforceable. This attorney is just hoping to wear my kids down.

Asked about 6 hours ago in Child Custody

David's answer: It is reasonable for an attorney representing children to interview them numerous times during the course of his/her representation. Of course, this depends on the length of time the case lasts, as well as the age of the child. As you presumably have an attorney representing you, if you're looking for a 2d opinion, call a Westchester Child Custody attorney to schedule a consult.

Answered about 6 hours ago.


How can I help my sister in law find a good lawyer at a reduced rate or pro bono?: My sister in law recently broke up with the father of her child. This "man" is not only a drug dealer but a user as well. He has never had a real job or a place to live other than his parents house, but his parents got him a high priced lawyer to try to get full custody of their child. My sister in law on the other hand is a school teacher and a positive member of society. On her salary she is paying for a place to live, daycare and all other expenses that her child and her incur. On a teachers salary there isn't enough left over to hire a good lawyer. She is working with financial aid to get a lawyer, but it is taking forever and I am afraid this lawyer will have to much on their plate to give my sister in law's case the time it deserves. Would love any and all info you can give me. Thank you

Asked 2 days ago in Child Custody

David's answer: There are extremely few attorneys willing to do "pro bono" work in the matrimonial field. Thus, her best bet is to shop around & ask lawyers if they do a "sliding scale" on their fees - some do, some don't. Thus, she should call a Westchester Child Custody attorney to schedule a consult.

Answered about 6 hours ago.