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Westchester Child Custody Attorney Archives

Although this was a crim case invlving a Constitutionl right, wouldn't the constit also come into play in this NY reloc case?

Q: I lost a relocation case in a NY Supreme Court. My attorney thought it was best that I, the defendant, shouldn't take the stand. In her closing argument, the kids' mother's attorney, "jumped all over me for this". I just read about a Tennessee murder case, State v Noura Jackson; the TN Supreme Ct. overturned her conviction in part, because they ruled that the Constitutional right to remain silent, means that a defendant's decision not to testify "should be considered off limits to any conscientious prosecutor" , so that the jury doesn't view it as an implicit admission of guilt. I want to appeal the relocation based upon this and other factors.

What legal rights do I have with my son's father if we are unmarried and no longer cohabiting?

Q: My son & I left his fathers home when my son was about 2 weeks old due to the verbal & emotional abuse my ex was inflicting upon me. Fast forward to today, where our son is almost 6 months old & there have been plenty of arguments, more abusive (not physical) behavior, & he went an entire month w/o reaching out to check on our son. He did send his portion of the daycare tuition via paypal during that month we didn't hear from him and I have no desire to take him to court for child support. He expressed to me twice that he never wanted another child (he already has a 5 yr old w/ a volatile ex) after the child was already born. He gave me a hard time at the hospital and refused to sign the birth certificate until a DNA test was performed. We were together for 3 yrs at this point. DNA test was performed, paternity confirmed & he is now on the birth certificate as the father. At this point because of the verbal, emotional & mental abuse, I do not feel comfortable at all having him around my son without my supervision. He says he has a right to take him if he wants to but I need to know what my legal rights as his mother and primary caregiver. What can or cannot i legally do or allow?

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.

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