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Bronx Child Custody Attorney Archives

Q: How long does a absent parent who has joint custody have to file for relocation ?

Q: My sons father & I have joint custody. We have been to court so many times already and he never seems to keep up with his visitations. His been very on and off for months in November he told my son he wants nothing to do with him and hasn't contact him since. This is affecting our son and I feel at this point it's in his best interest. I want to relocate and I want to know how can I go about this? I cannot be a parent sometimes and my sons lawyers have tried to take all rights away twice already but since my son at the time was younger he told them he wanted him in his life. Please help I feel the on & off has to stop already!! 

Q: A subpoena was served through a crack door for me is that legal?

A: Technically not, as most of the time a summons or subpoena must be personally served. That said, some Judges authorize "substituted service" - but the only way to know that would be to send an attorney to court on your behalf (& if you're paying an attorney anyway, why not just appear & address the motion/petition)? Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: My Son's Mother is making it impossible to pick up my son. Is she violating the order? What can I do? Call the cops? Report it?

A: You can't enforce that which isn't captured in your agreement/order. If additional provisions need to be added in to curb her behavior, then your remedy is to file a modification petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: Can you get sole custody without involving the father? Don't you need both parents present in front of the judge?

A: Yes, generally a father must be served with a court summons in order for the Mother to get a Custody order. Thus, your boyfriend should go to the Court to retrieve the entire order, along with a copy of the Petition and "Affidavit of service" (the document corroborating how he was allegedly served with the summons). Then call a Bronx Child Custody attorney to schedule a consult with a full assessment. 

Q: Can I fight for a son I didn't know I have and that the mom keep from she told me she had lost the baby ?

A: You need to file a petition for paternity as well as a petition for visitation. That said, the law generally states that if you have any doubt you're the father, you should pursue your rights at the time. Call a Bronx Child Custody attorney to schedule a consult for a full assessment. 

Q: I am 17 and not sure if I am pregnant but if I am I absolutely do not want the baby father involved, is this possible?

A: If he insists upon his rights of visitation, a Court will most likely give him some level of visitation. Perhaps your better remedy is to allow token time at your house, but if he begins making demands, let him you you'd need to counter with a demand for child support (which ultimately may entail 30-40%+ of his take-home pay). Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: Does who ever have the child at the time keeps the the child ?

A: If your child was in your custody & it can be proven, then (a) call the police, and (b) file a "Writ of Habeas Corpus" with the Family Court asking for a Judge to immediately return the child to your custody. You should also strongly consider filing your own custody petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: Can anyone tell if have what I need for custody?

A: You cannot merely ask the Judge to "pick an arrangement," but you can discuss settlement options with the Judge's court attorney to see if the case can be settled. Ultimately if you disagree on the access schedule, a trial would need to be held. Schedule a consult with a Bronx Child Custody Attorney for a full assessment. 

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