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Posts tagged "Child Custody"

Do I have to appear in court if I wasn't served with any court papers ?

Q: My niece and nephew mother petitioned me for custody of her children but I haven't been served any papers. She lost her rights to the children 10 years ago and I now have guardianship of them am I supposed to appear in court if no one served me the proper paperwork

What do I do ?

Q: I am a girl who married a girl while I was pregnant. She signed the birth certificate. The father was abusive towards me. I'm petrified of him and what he is capable of. He has tried to get me to come to court but I was never properly served so I never went and both his cases got dismissed. He hasn't filed in over a year now. The child is 3 now. We moved to ny my wife and I are separated and I filed papers for custody she isn't showing up to any of the court hearing and the court ordered my son a lawyer. Is the bio father going to find out about this? Do I need to tell the court about him? There is no dna test. I'm so scared he will find us. Should I just drop this whole case all togeather? What do I do? Please help!

How can I enforce visitations?

Q: I am allowed four visits a year. Every visit is allowed two hours. This rule was court ruled. My last visitation was in May of 2017 and it was my Second visit, and it is now April 2018, and I have not received a visit. I wrote the adoptive mother, called, and I have proof that I did, and she has not responded in 4 months. When she did respond she told me that she's very busy. I don't think 4 times a year for 2 hours each visit is hard to keep up with. I write the agency and received no response. When I called my lawyer from the court hearings, she told me to go to sign a z or v docket which enforces visitations if they aren't met. At this point I am very frustrated, is this true. I live in NYC and that's where I was given my court visitations. Can someone help me this isn't fair. My children were to be returned to me but because I lost my apartment they forced me to give up my rights. My rights would have been terminated if I didn't give them up. I need help. I can't go on this longer not seeing my children. Thank you in advance.

Can custodial parent get a passport for child even if father (ncp) disagrees?

Q: Can the mother who is the custodial parent get a passport for her child if the father who is the non custodial parent disagrees with the decision?There is no court order. The mother wants a passport just in case for the future to go on vacation but the father doesn't agree and does not want the child to go on vacation out of the country.

What do I do to amend a 2 year old custody agreement?

Q: The father has violated the agreement for over two years and has not visited the children once in the past two years. The children have recently been diagnosed with autism. This diagnosis was given after the custody agreement was written so the courts are unaware. This significantly changes the terms of the original agreement because of their special needs and all the therapy they now receive.

Issues with kids school. Bias towards mother?

Q: I have had endless issues with my children's school. Background, During divorce forensics evaluations were ordered. Ex wife went to school to get therapist for kids to extract information, School therapist helped my ex. When court found out. Cease and desist order . and subpoena's were ordered. Current, Now my sons are in that school I asked school SAME therapist to contact me directly as my ex refuses to give me any info. And presented court order showing joint custody. She never did. Now my sons are telling me the therapist told them they do not have to do chores at my home and do not have to come here if they don't want to. This was confirmed. Despite serval attempts they have not contacted me or ever reached out to me. They only contact my ex wife. This is a bias. I went to the school to address this. and was told the therapist is a 3rd party and does not work for the school. they have a office their. I Have legal Joint custody and the schools are informed of this. Now I have a huge issue with my sons because of the advise they have been given. What do I do?

Why did I lose custody?

Q: I got a letter and a document from my son's mother, my ex-wife, stating that I have lost custody due to missing a court date. Apparently, she petitioned the court for modification of the custody order, which stated that I had sole custody and she had visitation. Now it says that I have visitation and I am to bring my son to court immediately for the exchange. I did not receive service, she only mentioned court via email but I wasn't served. How the heck did I lose custody to her? What can I do?
A: If she did obtain an order on default, then you should immediately file a motion to vacate your default. Allege in the motion that you weren't properly served. Schedule a consult with a Bronx Family Law attorney for a full assessment.

Can my best friend mom get custody of me ?

Q: I am 14 years old turning 15 next month the 19 and I been living with my dad girlfriend for the pass years my dad really haven't been in my life because he has been " working " so I just been with his rude ex girlfriend who treats me nice sometimes then is mad disrespectful to me other times she calls me names and talk about me to her friends. Me and her have a argument everyday and she goes out everyday and comes back to the house really late. They both don't really care about me because I'm left alone and always get blamed for something because of his girl telling him something, my best friend mom said she will get custody of me but how can she without my dad knowing I been through all of this many of times and I always end up with my dad again because with things like this happen he pops back up and tell lies and lies saying he is in my life and I hate that because he lying. I'm scared that if she do do it and it won't go as plan he might beat me this time like he said he was.

Can the NCP prevent custodial parent from taking child on vacation to puerto rico?

Q: My fiance has a 4 year old wit his ex. She is the custodial parent and he has visitation every other weekend saturday till sunday. Her parents and also my fiance parents live in Puerto Rico. Every summer since the child was a baby, the child goes to puerto rico for the summer (july/August). This year the mother has told my fiance that she wants to send their daughter to puerto rico again this summer so that she can spend time with both sets of grandparents. He does not agree with this since this means he wont have visitation for 2 months. The mother wants to send the child to puerto rico for the summer so that the child does not need to be in daycare all day since the mother works full time.( My finace also works full time. We have a baby together who will be with a babysitter and I have a 8 year old who will be in summer camp. I too work full time.) The child would also be supervised by both sets of grandparents. The mother is insisting even though my fiance does not agree. There is no court ordered visitation. Everything is mutual verbal agreements. Can he prevent the child from going away on vacation for 2 months? A: First, he can file an order to show cause to prevent the trip. Second, he should file a petition for visitation so he can establish his visitation via the courts. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

I need advise and help?

Q: Basically my story is this... I am 31 years old with a severely disabled daughter, I lived in Florida but left for better doctors in NY, my mother took my daughter from we're she was and filed for temporary custody of my youngest child then went after me for child support, I have been in and out of jobs and owe over 9,000 in child support. I am looking to get my daughter back due to unlivable conditions of my parents house, I was wondering how I could go about that from NY to Florida and if there is any help that can b provided. Thank you very much.
If it helps I did send packages to my daughter and speak to her everyday. I just wAnt my daughter back and have been trying since a year after I brought my 2end oldest to NY. But I don't know how with this Temporary custody agreement, as well as my father sexually Abused both me and my sister, I just need help getting her away from there.

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