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Westchester Child Custody Attorney Archives

What should I expect at a Preliminary Proceeding?

Q: I recently filed a petition to request a Modification for the Courts to create schedule for my Child's Father. I have Sole Custody and he has reasonable visitation, but he doesn't schedule his visits with me he just shows up at my house. do the courts normally issue a temporary visitation schedule until the hearing?

Can I modify visitation and can my ex have my relocation turned over?

Q: My ex and I split up when our kids were 4 & 1.5... we went through the courts for support and custody. I wanted to move to get married so before the judge my ex allowed myself and the kids to move in return for less support money....jump ahead 5 years, My kids and I moved far away 5 years ago, I am remarried, we have a 2 year old together...my older two kids are in a great school system and are excelling in school and sports. I take them to see their dad almost once a month plus holidays...it has gotten to the point that their dad thinks it's ok for them to miss school for him which for me in unacceptable...they are now 6 and 9. They become hysterical when they need to go visit stating they are scared of him and such. Our parenting plan states he gets them 1/2 summer but he says he gets them all summer. Can I modify visitations because it is interfering with their school? Can I shorten their summer trips because they compete in competitive sports. They do not want to go anymore for as long or as much as they do. Can their father turn around and change his mind about the initial relocation agreement signed and approved 4 years ago? Would a judge do that?

What are NYS standard visitation schedule a Judge will issue if one parent has Sole Custody?

Q: Just wanted to know if I request a visitation schedule from a judge would it be for the entire year with holidays. How does it work? Will it be very detailed for every month.

A: David's Answer:
Generally (with many exceptions) a non-custodial parent would receive alternate weekend visits, a sharing of holidays and 2 weeks in the summer. Merely having sole custody does not, in itself, affect visitation. Schedule a consult with a White Plains Child Custody attorney.

Can the courts change a reasonable visitation and issued a schedule or parenting plan?

Q: I have sole custody since my ex and I have been divorced. He has reasonable visitation but be can't seem to agree on anything. He shows up at my house unexpectedly and take my son and don't tell me what time he'll return. He tells everything to my son directly. It's very frustrating. Our son is 9 years old.

Can I file a restraining order against the non custodial father on behalf of my 4 yr old child... for parental alienation?

Q: Her father has abandon my daughter and I in Nov 2015 and last physical contact for a few hours was 1 year ago... he has no contact no phone calls or anything... he sent Christmas presents that I sent back the last 2 years as my child says she just wants his love not presents (she's 4) wise beyond her years... he filed for custody and said I was an unfit parent(I'm an ER RN certified in adult & pediatrics) and that my daughter's safety is in danger... the judge did not buy it and it was adjourned till July 19th... he called ACS...he's a detective and constantly left his service weapon lying around with my then toddler around and had me carry it around to the movies... and such... also he assaulted me with my 14 month old in the house... and when he left he tortured us in that house till we moved... cut the phone lines/cable/ washer/dryer and poured water down the stairs on exit/entrance to the apt in 10F cold... I call 911 everyday from that...my daughter is mentally tortured due to his alienation... I fear he would try to take her... he hasn't tired as he would be an idiot with 19 1/2 yrs with NYPD.... but I don't know how to protect my child please help!we are in Brooklyn fam co

Will the mother win the custody?

Q: For the last 2.5 years my boyfriends son has been living with us, going to school in our district. The parents have joint custody from a few years ago, but they had a written agreement that he would have His son primaryily for school weeks and her on the weekends and summer & unfortunately in our move we lost that paperwork amongst other things. I myself am a business owner & work from home and my boyfriend has a full time job as a concrete operator and is the parent that provides insurance for the child. The mother of the child doesn't work at all during the week and works in the club doing god knows what on the weekends while she has the child. The child is now 8 years old. Since school started she doesn't know what he's learning hasn't went to the school barely has had him on the weekend when she's supposed to hasn't been bought him anything for school needs. Now her and I had words about all her actions there are many more than I can list. She is keeping him away from us, taking him on a trip without the dad permission, bringing him to school late, blocked us, we are communicating through family members. We just don't know what to do and we don't want the court to favor her.

My attorney filed a change of venue to a different county.

Q: My lawyer wrote a letter to the court because I received a motion for custody/visitation. I have sole legal and physical custody of my son. I know longer live in the county which I was served in. My son's father does not know we moved because I am afraid of him, there has been domestic violence in issues and he has severe mental illness. The law guardian assigned where I know longer live is demanding to know where we live. My lawyer and I are filing an affidavit of confidentiality. Do you think the venue will be moved to Westchester County where we currently live. My divorce and custody issues were originally done there and the lg is westchester is familiar with the case. Currently, my son's father receives one hour a week of therapeutic supervised visit.

Modification of visitation and/or custody.

Q: I have sole custody of my 4 year old. My ex husband has been institutionalized, is on long term disability and has severe mental health issues. He has filed an order to show cause for increased visitation and also a change in custody. He currently receives one hour of supervised visitation a week. I know how unpredictable the court system is. I am terrified for my child...

What can I expect to happen at a preliminary proceeding for visitation

Q: The bilological father is a asking for visitation rights after 5 years later and he wants to change my doubters last name to his but she has my patners last name since he has raised her since she was born. What can I expect ??
A: David's Answer: If the child hasn't had any relationship with Father, then I'd highly suggest that you request his visits to be supervised at first, so that the Court (& you) can ensure the child acclimates to being in his presence. You may also wish to consider having your partner adopt the child (which would serve to terminate the Father's parental rights). Schedule a consult with a Westchester Child Custody attorney for a full assessment..

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