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Westchester Child Custody Attorney Archives

What are the chances I will be granted sole custody of my son?

Q: His father has not been active in his life, my son will be a year old soon. I finally got his father to agree to a visitation schedule we created outside of court but he constantly no shows or cancels at the last minute. All of our communication is kept via text due to his verbally and emotionally abuse behavior. He refuses to check on his son at all, even through text. He does send money monthly, but he is just not a present factor in our sons life. He has a child from a previous relationship with an ex that is very volatile and they tend to include the 5 yr old in their arguments. He doesn't understand the damage it is causing the child and tends to blame me still for our relationship ending after almost a year. I'm wondering what my chances are in receiving sole physical and legal custody. I would be willing to allow supervised visitations. Would the emotional and physical abuse play a part in the outcome as well?

Can my ex ask for more visitation, cause kids to commute to school and use that to lower child support?

Q: I have shared custody with my ex, I am the custodial parent and the children live with me seeing their father every other weekend and one weeknight. Since he left 5 years ago he has been trying to get out of paying child support. I was able to get some back support paid and enforce current support. He has not asked to see the children any more and has always lived 20+ miles away.
He is now asking to have the kids 2-3 more nights a week which would make them commute 45 min to school and have to wake up before 6am. I believe he is trying to get out of support again and try to get it lowered. I'm not even getting the minimum support because after a short time of spousal support ended the court did not recalculate my support so I get around 16% for 2 kids. The children are 12 and over and not agreeable to the change. Was my divorce and custody agreement only temporary? Do I have any rights and would a judge force my kids to commute from a town in another county? I am in my right to have the child support modified at this time, it has been 3 years since final divorce and it was not recalculated after spousal support ended. Thank you.

Do I have a stronger chance of getting custody? Full or joint?

Q: My daughter's father and I are unmarried and splitting up. We both reside in NY and he is threatening to take her away from me to hurt me. She gets babysat by his sister, whom I pay, while I go to school in the mornings to finish my degree. I work as well as a real estate agent from home, so I am mostly with her. When together, he would only sleep all day and party all night. He does drugs and drinks and comes home around 5-7am. He doesn't work. He is also violent to me and I have a couple pictures and medical documents stored away. The last argument we had, I was cooking and had a knife in my hand and he smashed my phone and as I was asking him why he did that, he took a picture of me with the knife in my hand and my daughter in the picture watching tv. He is threatening to show it if I take him to court to protect himself. I am always with my daughter and taking care of her, but worry that this can affect my chances. Help

How can I get a copy Of ordered dismissal if one wasn't drawn up in court ?

Q: My funds are on hold with child support and they stated in order to release my funds that they need a copy of the petition being dismissed and i explained to them that I was never given any papers the judge just said said the custody petition was dismissed because the dad didn't show up to court after filing the petition for custody against me.

How can I make sure it is noted I have full custody ?

Q: My baby is 9 months old and her father hasnt been present for the most part . He refuses to go on child support and says he is in debt right now and has no job so that he needs time . Its been months of this . My question is - since Im the one taking care of her and providing for her is there anyway it can be legally noted that I have full custody ? I dont feel safe with joint custody - he has a violent record and past and wont risk that when it comes to my child.

Can father be declared unfit and permenanently lose contact?

Q: 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

Given all of the info below, shouldn't the held premise, that the non- fostering of a relationship, defeat Tropea?

Q: I recently concluded a child relocation case in a New York Supreme Court. The judge cited the proceedings and his observations during the trial. The wife admitted beating me, the husbandand and having me arrested by making a false statement to the cops, bringing our son late for visitations, etc. She stated that she placed little faith that the custodial mom would do anything to foster a relationship with the non-custodial father. Such is her hatred. To boot, the attorney for the child stated the same thing. There was never any abuse claimed by the mother or child or anyone else, but citing all the factors in Tropea v Tropea (all purely speculative, however, e.g., the school system would be better, despite her not knowing where they would live, and neither does the judge), she granted her move with our son to the West Coast. i would like to have an as normal can be relationship with him as possible; it would be just about impossible for us to see each other. The judge even suggested that she would be unaccountable in another court's jurisdiction.

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