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May 2015 Archives

Should I give Custody of my kids to their father?

I face many situations in which a mother has voluntarily given custody of her children over to the father. Many times this happens because the mother wants to go back to school to obtain a degree, or because the mother's house is cramped & the father just moved into a new, larger space.

Does my ex husband have the right to refuse to drop off my daughter with a babysitter during my court appointed time?

Q: I have residential custody of our ten year old daughter. I live in the city and he lives over an hour away by train. He has dinner with my daughter one night a week. I have a work dinner so I've asked him to drop her off at my friend's house until I pick her up. He refused and says he'll only drop her off with me at my apt and that otherwise he's taking her home with him. Yet he has his new wife watch her all the time. If I travel for work I'm supposed to try to give him the time, and he does get it. But this is only for an hour and I'll be losing my overnight and breakfast time with her. Should I take him back to court? He just likes to be in control of me. He knows the woman I'm leaving her with is perfectly fine.

Are there precedents for the courts not allowing overnights w/a child that is ADHD / Autistism?

Q: My daughter has conflicting diagnoses. ADHD from some dr's , autism from others. My ex doesn't want her overnight at my house during the week and is citing the diagnosis as a reason. Are there precedents about this and the courts not allowing overnights during the week due to a child having special needs?

Termination of fathers parental rights

Q: I have a 5 month old baby who was born very sick the baby had open heart surgery at birth and one up coming and many more to come. The baby selfish father wants nothing to do with her and recently had a baby with his girlfriend and lives with them and fully supports them 2 babies 4 1/2 months apart. Anyways he has done nothing for my baby not even provide help to pay for heart medication or drive us to doctors appointments he don't even come to see the baby and we live in the same area the baby has his last name but father did not sign acknowledgement of patiently or name on BC. I would like to know can I change the baby last name in addition I would like to take him to court to establish paternity and request that he gives up his parental rights so like that baby and I can move on

Separation Agreements and Prenuptials must be properly executed and notarized

As reiterated in a recent New York Court of Appeals decision (Galetta v. Galetta), separation agreements and pre-nuptial agreements must be properly executed (in the same manner a deed is executed) and must be notarized. The failure to do both of these items will almost always result in the agreement being invalidated.

What does it mean to have sole legal and physical custody?

Q: my lawyer says its a good think the judge gave me sole custody but what does it mean in a day to day life. my ex has lots of visitation with our daughters and will be around nearly every day. what is the point of sole custody if he has tons of daily access?

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