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Westchester Child Custody Attorney Archives

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.

Do I ha e rights to know where my daughter lives even if there is a restraining order against me?

Q: She moved my daughter to Florida and I don't know where and I want to k ow where my daughter is...we have not gone to court for custody yet but I want to know I I have rights to know where she is

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?

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