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July 2015 Archives

If law guardian wants 50 50 physical custody to make mother get support but forensic says sole to dad what will judge decide?

Q: Child is autistic mother shows no affection for child just wants money law guardian wants mother to have money to live off of and wants 50 50 custody but father will watch child most of time. Forensic says mother is unfit. What would judge do ? Everyone says mother Always wins

Can a 10 year old refuse to see his father on the day of visitation face to face?

Q: Child spoke to his lawyer on Tuesday and told his lawyer that he doesn't want to see his father because his father abuses him. His lawyer told him being hit with a belt or any sort is not abuse. She asked him who does he love more. He said his mother. She told him nooooo u love your father more. He said I never said that. Child says that his lawyer was trying to trick him and put things in his head. The lawyer went on the stand the next day and stated that the child misses his father and wants to see him. Court ordered for the child to go to his fathers for visits. The child has to see his father tomorrow. He doesn't want to go and says can he just tell him face to face and leave?

Do I technically have primary custody?

Q: My child's mother said she needs more help with our so because she is moving out of her boyfriends house. I have him a lot anyways. We wrote up a new agreement, it is notorized. I have him Tuesday 7pm to Saturday 7am. I have him 4 nights. I still pay her support in the meantime. Do I have primary custody? If I do, how long should I follow the new agreement? Then file to stop support. I don't even want support from her.

Can I file a violation of order if the other parent refuses to allow my child visitation with me?

Q: We went to court weeks ago and the judge ordered that the other parent should allow my child weekly visits.
The other parent refuses to abide by the order and continues parental alienation.
I was informed that since the law guardian just signed the order that I can't file a violation of order for the weeks I have missed seeing my child.
What are my possible options in this case?
Since the law guardian just signed the order from weeks ago do I just forgot about the visitation that was promised me by the judge?

Looking for a divorce/ family attorney who works with low-income clients ( I am a freelance musician/teacher)

Q:  My husband and I live in NYC and have a 7 year old child. We have been separated for over a year and are getting divorced (looking to share custody). I am a freelance musician and teacher and I have very little money (and no resources for borrowing money). We have an MOU from a mediator but because my husband is making even less than me, much of the childcare costs are falling on my shoulders and I need someone to advise me about any choices I may have in terms of getting more money per month from my husband. I do not want to start a lengthy battle, or end up in court. I just need advice and some help negotiating a better deal, especially since our son lives primarily with me.

Looking for a affordable lawyer for visitation. I don't work n only collect SSI.

Q: My child is being forced by the courts to stay at his father house for visits at abusers home. Child has told his attorney and his attorney flipped on him n presented to the courts that he does want to see his father. So today I have to force my son to his visit for 2 weeks. He is not thrilled about it. We reside in NJ for 2 years but because the father petition it in Bronx family court I've been going to the Bronx. All whole system is corrupt in the Bronx. Not only does my sons lawyer not fight for him. My free attorney doesn't do anything for me as well. I'm looking for a affordable lawyer to drop visitations. My son is afraid his father will hit him again on his visit. According to his lawyer being hit by a belt or any sort is not abuse. I told my son that's a lie.

Should I mention other parents record in custody case?

Q: The other parent has full custody of my child and been arrested for a crime involving narcotics but the other parent has not been proven guilty yet. Is this crime worth mentioning even though parent has not been proven guilty yet? Could this crime present a change in circumstance which could modify custody over to me? I'm worried about my child's well being.

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