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March 2017 Archives

What will happen and if he can be able to gain joint custody or any type of custody? Help me, I am worried.

Q: I have been a single mother ever since I found out I was two weeks pregnant because the father wanted me to terminate my pregnancy, my son will be three years old next month. His father has been very absent since he found out I was pregnant, he only shows up during tax season, he leaves whenever I decline wanting to be in a relationship with him due to the fact that he is a very aggressive man and he begins threatening me with custody just so that I will stay. He has a son who is 4 with another woman to which he has always been there for since he found out about the pregnancy. I am the only parent present in my child's life, I have given this man many opportunities to be in my son's life but he has never taken them. I have been the only one buying and giving my son love and attention as well as food, toys, clothes, etc. He has seen him about four to five times within these 3 years. He has never taken care of my son's needs whether it be buying him the necessaries or giving him love and affection. I am unemployed but my parents help me out economically, I am currently job hunting. He was fired for fighting and he has many enemies that tent to jump him no matter whom he is with.

Can a child support court order can be changed without a custodial parent being present.

Q: I originally had an appt at the end of the month of January 2017. My ex changed it to the beginning of the month. I went to court to adjourn the date. Then I receive a letter stating fact finding. However the amount on my child support has changed. Please advise.

A: David's Answer:
If you received a court notice changing the date of your court appearance - but then you failed to appear on the adjourned date - then they most likely proceeded without you. As such, you should file a "motion to vacate your default" so as to re-open the case. Schedule a consult with a Bronx Child Support attorney for a full assessment.

How do i sue bronx family court

Q: Daughter's ex went to court lied and told court that he was primary care giver of my granddaughter and my daughter kidmapped her the courts gave him custody i hired a lawyer gave proof that he lied daughter still lost case no neglect or abuse just her ex lies case goes to different judges and. No one cares about the facts 

Will I be able to get full custody?

Q: I was told by the father of my son that he did not want my son to be born while I was pregnant. I have been the only present parent in my child's life, I have fed, clothed, cuddled, bought him every necessary thing during his three years of life. I have been the one taking him to hospitals, doctors, staying in emergency rooms with him and doing every single thing that needs to be done while he has never done anything for him and has never been available for him because as told by him he did not see our child in his life if I did not maintain a relationship with him. I told him multiple times that he was welcomed to see our child but he never took those opportunities. Now he wants to file for custody. He is a very aggressive man and I believe he acts bi-polar at times. He caused me two miscarriages in 2011 by punching my stomach because he did not want me to have those babies. I just would like to know if I can gain full custody of my son. By the way I have witnesses from the times that he used to punch my stomach. I am also the only parent on my son's birth certificate, he has never claimed him in any way possible.

A: David's Answer:
If he filed a petition for custody, you should file a counter-petition for custody. That said, it seems like you've stated a very strong case for getting sole custody. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

My wife threatens me not letting me see my daughter from my ex and also threatens for divorce with order of protection.

Q: My wife does not like when I see my daughter from my ex and threatens me she will take an order of protection if I do not have a joint account with her. What should I do? I fear that this marriage wont work coz she just wants money. She also says she will take an order of protection on flimsy grounds and throw me out of the house. What should I do?

Divorce and money question.

Q: Purchased a 3 family house in NJ as an investment for me and my 5 yr old (11/2016) and is under an LLC I started in (01/2017)I moved out (04/2016)and flied for divorce (02/2017). The money used for my closing and down payment was given to me by a family member as a gift not from any of my savings. Will that money given to me for down payment be a problem related to my divorce process ? All matters are in my financial paperwork.

Husband added to house title but not mortgage

Q: Hello. My soon to be ex-husband was added to my house title which was only in my name (now in both our names). He is not in the mortgage (only me). I am about to get divorced and I am staying in the house. I intend to live there for another 5 years. Can I sell the house without getting him involved in the future since he is not in the mortgage? Or do I need to get him off the title (I would prefer not to since it is costly); if I can have him write a notarized letter that he is giving up rights to the house I would prefer that. Is that feasible? Please advice

Filing out my divorce papers

Q:I've been separated from my wife and I want a divorce but she doesn't want to provide the marriage certificate to me and we were married in a foreign country, I also have 3 daughters but don't have any personal documentation, what can I do?

I have a child support order in NY but I live in GA. I need to do a modification

Q: I need to make a modification on my child support order since I am making 50% less income . I've tried doing this on my own but to no avail. I have now a levy on my bank account. Need help asap.

What happens when a parent owes more than 5,000 in child support(nyc)

Q: My daughters father owes slightly over $5,000 in child support. He claims he cant make the payments as he's not working due to an injury. His social media is proving the opposite of his alleged financial situation. He seems to be working off the books to make money and avoid child support garnishing wages. The 5k that he owes, includes about $2,800 in retroactive support the rest is because he never made full payments to the agency. what can I do to ensure he doesn't get away with being a deadbeat?

Ex blocked phone communication with kids.

Q: My ex and I have joint custody in Bronx MY. They have been residing with me since 2010 when we broke up, but Since July 2016, I let them live with him because he hasn't been in their lives. If we have an argument about how he cares for them, he blocks phone communication. I have tried to reach him for the past 3 days and I'm blocked. Should I take him to court?

If a notarized agreement has any value at the court?

Q: The father of my son want me to agree in writing to have a joint custody when I have a 99% of his care since he was born. His father doesn't want to return my son after his weekend stay over with him, if I don't sign the notarized agreements that he wrote. I would like to know if I sign it and notarized the letter if that is valid in the court of law. Thank you for the help!

Will Bronx Family Court dismiss the custody case and or give me sole custody?

Q: My ex and his mother thankfully cannot get a custody/visitation order in place from Bronx Family Court due to an order of protection that has prevented them from visitation. My final hearing for the TPO in New Jersey court is soon and it is definitely going to become a final order of protection with my children and our child in common on it. Shall I expect full custody given by NY court because of this?

Can I move jurisdiction to Westchester from Brooklyn Family Court

Q: I am in the middle of a motion... child support modification & violation...this case has been on going since June 2016 which I think is beyond ridiculous! I actually moved the date up and was seen today... the refused to motionfor contempt of court because the respondent did not appear stating we have a date of 4/25 even though he was served... I am beyond fed up with Brooklyn Family Court as the respondent has yet to turn over financial information ordered by the judge 3 months ago!! No contempt of court? Can I go to the appellate court... I think this judge is not being fair... I really want to move it to Westchester but without losing all my time back till June 2016

It's and order protection out on me If someone runs my criminal background will it comes up? Is order protection confindential ?

Q: It was brought to my attention that my social security was stolen by my enemy who is out to get me could they run my back ground and see the order protection ? And could they go to the police and say I seen her with the victim(s )? How can i protect myself from this

A: David's Answer:
To run an official background check, they'd need to pay for it - unofficial, online checks don't even require a social security number. As for a false report to the police, presumably the police would seek to verify the report with the victim. Schedule a consult with a Westchester Domestic Violence attorney for more info.

Do I need proof that the mother of my child was in the psychiatric hospital for the habeas corpus hearing next week?

Q: The mother of my child was in the psychiatric hospital for a month. (She is diagnosed with Schizophrenia and failed to take her medication for 3 months). During which our daughter was in my possession. I filed for full custody when I found out about it. We went to court yesterday and she asked the judge to order me to return the child to her, as she is the custodial parent. The judge reminded her that I had the child for the time she was in the psychiatric hospital. Judge also suggested that she files for a habeas corpus to prove that she was not in the psychiatric hospital and does not have a psychosis.
I am a little worried that judge from the habeas corpus hearing will ask me to return the child back. And the fact that the mother just returned home last week from the psychiatric hospital, she may not be fit to take care of our child.
What do I need to prove that the mother was in the psychiatric hospital? Please note the mother was served in the psychiatric hospital. Any suggestions or advice will be greatly appreciated.

Would I be responsible for paying a DNA case if the man in question isn't the bio-father of my child?

Q: I want to find out if my husband or another man is the bio-father to my son, if I went to child support and requested for either one to financially assist me in taking care of my son, and he requested a DNA test to prove he is indeed the bio-father to my son, and the results were to come back that he is not in fact the bio-father. Would I be held responsible for paying for the DNA test? Thank in advance

Do I as the non-custodial parent have to let my ex see my new apartment even if there is no court order requiring me to do so?

Q: I just moved and I provided my ex with 30 days notice in writing outlining the new address, move date, Pictures of apartment property, sample unit, apartment website link, details on why I am moving and requesting that we change one visitation day drop off location as it would be better for our child, The order states we can adjust it as long as we both agree in writing. My ex has responded with her own version of my initial letter for me to sign. She outlined 3 items in her version, 2 of which are inline with my original letter. Which are 1: acknowledging that I have moved. 2: acknowledging that changing the drop location is in our daughters best interest. The 3rd item states "Once I move I will need to either provide her with a video footage of actual apartment or make an appointment for her to walk through the apartment". There is nothing in our court order in any form requiring me to show her the apartment if and when I move. Our child has already stayed at my new apartment and loves it. she is decorating her own room. My ex will not sign to change the drop off location until I agree to she her the new apartment. Any Advice on how I should best handle this.
A: David's Answer: Well, if she's willing to settle for "video footage," and you've already provided pictures, what's the harm in providing the video footage? To me, this seems like the easier way of dealing with the issue than possible court litigation. For more info, schedule a consult with a White Plains Family Law attorney.

My brother has a bench warrant out for child support but was never served what should he do??

Q: My brother has a bench warrant out from child support he wants to turn himself in but he doesn't want to go to jail he never revived or was served any papers so he dIdnt know he was being summoned because he doesn't live in new york what should he do???

My attorney filed a change of venue to a different county.

Q: My lawyer wrote a letter to the court because I received a motion for custody/visitation. I have sole legal and physical custody of my son. I know longer live in the county which I was served in. My son's father does not know we moved because I am afraid of him, there has been domestic violence in issues and he has severe mental illness. The law guardian assigned where I know longer live is demanding to know where we live. My lawyer and I are filing an affidavit of confidentiality. Do you think the venue will be moved to Westchester County where we currently live. My divorce and custody issues were originally done there and the lg is westchester is familiar with the case. Currently, my son's father receives one hour a week of therapeutic supervised visit.

Can I get my child support arrears forgiven?

Q: My sons father had custody of my son for a fee years due to a custody battle, during that time, although I was financially assisting by buying my son clothes and giving my son money, the father took me to court for child support, and at the time I was on public assistance, since then I have obtained custody for my child, and I am looking to see I I can have my arrears forgiven as it intervenes with me being able to meet all his needs. The father has now been obligated by public assistance to pay for his debt with them for the period that I received public assistance for my child. He now feels he isn't obligated to pay child support for my son because he is paying his debt off to public assistance from the time I received it years Ago. I am in desperate need for counsel, and I would greatly appreciate if my question is answered. Thanks in advance everyone.

How can I get visitation rights for my child?

Q: I have visitation rights to see my son, but only at my child's mother house. We don't get along and she makes me feel uncomfortable when I'm there. I'm not going to lie I have been in and out my child's life because the relationship with his mothers and I. I just want to know what is needed for me to have rights to have him sleepover my house every weekend or every other weekend? Will I need a lawyer??

What is the best course of action to limit interaction with my sons mother; and receive lowest payments for child support.

Q: I've supported my kid for the last 10 years. Long story short: I stepped up to my responsibilities after an accidental pregnancy, & tried to do the right thing. I was with his mother 6 years until I could not do it any longer. We're extremely different people w/ very different parenting styles. I stayed as long as I did solely because of my son. I asked for custody many times, but she refused, & made threats to keep him from me. I suppose b/c he was a link to "hold me" & get money. Of late, she's been threatening me about him (going to child support, etc) Her eldest sons (not mine) are out of school, living at home (not working) so she is facing money problems. She started this of late and always plays games when it comes to my son. She will constantly call about money. She tells me to get him, but then wont be home - anytime I inquire about my son and his school or health she will not talk to me (nor allow him to) for weeks - she only cares about money. I've paid in cash & items per her wishes. I need to mitigate child support & problems - I'm considering fighting for custody or sadly giving up rights, because I can't continue w/ this stress(its affecting my livelihood).

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