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Westchester Family Law Attorney Archives

I relocated with my daughter after mutual agreement with her father. He then filed a petition to bring me back. Now what?

Q: Hello, I wanted to get a second opinion on my case. I was granted sole legal and physical custody of my daughter. Her father has visitation every Sunday. He announced to me he was moving out of state during the summer and so I also decided to move to a different state where I would have closer family. So I moved 3 weeks ago. Father of the child was in complete agreement and we had discussed how visitation would happen. The minute I left he filed a writ of habeas corpus claiming that I took the child out of state against his will and he requested I bring back the child. FYI He is out of status as far as his visa situation is concerned so he cannot have custody because he could get deported one day. So now the problem is that the judge wants me there with the child for a hearing that will take place a couple weeks from now and my attorney informed me that the judge also wants me to remain in NY until the case is resolved. Under what circumstances can I avoid staying in NY? Would having a job or going to school where I am now be a reason for the judge not to keep me in NY until a resolution? I am already settled here and can absolutely not stay in NY for more than a couple days.

I have a condo with my ex wife i come over time to time to see our children have clothes and receive mail there whats my rights?

Q: She has a mail friend that seems to be living there for two or three weeks my daughter asked me to talk to her they feel uncomfortable with him there i didnt know i work alot and my kids thought i was temporary thats why they didnt tell me i want him not to come back.

Can my soon to be ex get the IRS involved in our divorce to hurt me?

Q: I own 49 percent of my family business. She came up with a ridiculous proposal for maintence and ownership of the house. Also child support which is not a problem. I am afraid she will get the IRS involved just to hurt me. Also my father is the owner. She is very hostile right now.

How will a home, recently transferred ownership from son to father, be treated during parent's divorce?

Q: Parents will begin divorce procedure. All children are adults. The home was originally the parent's but they transferred ownership to son about 10 years ago. Son wants to ensure mother gets her share but father won't cooperate. Will transferring ownership to father immediately before filling for divorce help when court does equitable distribution? Will home be split? 

Can a child support order be cancelled if both parties agree?

Q: My ex and I have a child support order in the state of New York. We have agreed to handle the care of our child outside of the court. I pay all expenses for my child and provide way more money than the order calls for. We would like to completely do away with child support and the courts. How do we request this? What is the action called? 

What should I do...make an Ord to Shw Cause showing why the judge's decision was incorrect + ask that they be ordered back to NY for GOOD?

Q: My ex-wife, after our divorce was finalized, made an Order to Show Cause in a New York Supreme Court to relocate and was successful; as such, she and our child moved out of state.. There was a hearing, and I fought the alleged merits to the move. The judge issued an "Interim Decision After Hearing". The judge set forth several conditions that my ex has to comply with, e.g. , proof of employment, proof that she came back to NY to visit between now and our next court appearance (which will be in March 2018, proof of pediatrician's treatment of child, proof of family's support in new locale and proof of compliance w/ other matters . If she succeeds in convincing the judge that she has complied, then the move will be made permanent. I WANT THE JUDGE TO ORDER THEM TO RELOCATE BACK TO NY because the family reneged on the promised support, the child is not seeing a doctor for a somewhat serious condition and more. I believe that the move was not made in the child's best interest. There is also new evidence, which is relevant, and very well might have changed the outcome of the decision that I'd like to submit, that I couldn't have known at the hearing, because they just came to light. 

My son wants to speak to the family court, child protective services but can't because he is in a teen treatment center.

Q: My son, a 16 year old, 11 month old has been held by a teen treatment center for over 45 days. He wants to leave, live with me and go to a public high school. He basically wants to move on with his Iife. I recently filed for a modification in custody. I believe his Mother wants to keep him there so she can continue to receive $1500 a month in child support as well as 42% of additional child expenses, which she always inflates. The mother and the school district have enrolled him in a day center run by the teen center which would mean greater profits for them. The school district would send tens of thousands of dollars to the outplacement program so my son could be bused two hours during the day in New York Traffic. Basically, my son is a pawn in a sick game. The custody proceeding has been adjourned six weeks from now. My son say's he has the right to be heard in a court of law. I don't know what to say to him and I'm only given 10 minutes a day to speak to him. I'm hopeful a law guardian could be appointed soon, but don't even know if he/she will get access to him. He's 90 minutes away in another state.

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