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Posts tagged "Child Custody"

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.

When a child support order is vacted in NY is the language, admission of paternity, and custody also vacated?

Q: Father admitted paternity for purpose of paying child support. Fathers name is not on birth certificate or any other legal document. Mother is granted child support and sole custody of child. Later father is garnished for child support, files for temp custody of child because child lives with him due to the mothers eviction. Court grants temp custody to father. Father immediately gets child support order vacated that established paternity. Father now wants sole custody to a child he now has no legal parental rights to. Mother has reestablished housing and job.

If my child mom lie to the cops & the father proof it in court,when the mom goes to jail for perjury,do dad gets care of child?

Q: Dad is on the birth certificate and provides for his child financially, there's no child protective services involved. Does dad get physical custody without having to answer to nobody legally and the child has dad's surname as well.

Tempoary guardianship of my two grandchildren?

Q: My two grandchildren have lived with me from birth but my housing complex said that i need custody of the children to add them to my lease . They're parents are hard working single mothers and are not on drugs or anything just need help with a stable place to stay and help watching the kids while they work the grand children are 6 and 10 years old.

If grandparents spank child for discipline can father take action?

Q: My boyfriend has a child with his ex. His daughter is 3.5 years old. The child has always lived with the mother and the grandparents. There has never been a court order but they seem to always compromise on holidays and visitations. My boyfriend and the mother of the child do not have the means to physically or financially care for the child and so the grandparents have always taken over. While the mother was in college the grandmother babysat the child. A few months ago they both agreed to have the child be sent to Puerto Rico with the grandparents while they both situate their stuff so that when the child comes back they will have the means to take care of the child. A day ago the child told my boyfriend that her grandparents spanked her and he has basically lost it and doesn't agree with physical discipline. He asked the mother if she was okay with it and she said yes. He is saying to me that he is going to tell them that if he doesn't agree then they cannot spank the child. What legal say does he have on that topic if the grandparents have basically raised the child and the mother consents to spanking as discipline?

Does Sole custody and termination of visitations for non custodial parent grants free relocation without any restrictions ?

Q: I have been the primary caregiver to my child since her birth. Visitation right are not exercised for 2 years. There are multiple violations of payment for child support. I have in mind to file for Sole custody and termination of visitations. I am curious about relocation because I am soon to graduate college and would like to have freedom in expanding my job search outside of NY state in order to benefit living conditions for my child. I would not like to be bothered by relocation case upon receiving a decent job offer outside of NY state. 

Visitation rights are not exercised, what can I do about it?

Q: My child have not seen her father for 2 years now, even though there is an order for visitations. He even refuses to speak with her on the phone. She is at that age now , where she realizes that she has a father, and she misses him ( even she does not know him), she feels sad very often and expresses it. I am terrifies to think that she will have psychological issues because of that later in her life. I am heart broken right now, and feel frustrated as a parent I can not do anything about it. Can I enforce visitations somehow through the court system? I am in NY.

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?

Can I travel or move to a different state without consent ?

Q: My son is 5 his father isn't on the birth certificate we did go to court judge claim him as the father no modification of the birth certificate and no custody was spoken of I'm planning a vacation and moveing to a different state what should I do

My is 1 year old father and I have joint he doesn't fallow court order Visit ?

Q: My song is 1 me and dad have joint he has to have him every other weekend and 3 full weeks in the summer some night during his visite with dad I have to pick him up at 2-3 o'clock in the morning because baby won't stop crying I want full custody and to end sleepover what can I do ??

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