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Westchester Child Custody Attorney Archives

Can I file for child abandonment on my children's father even if I have full custody of them?

Q: I have full custody of both of my children. Also have an order of protection of the father. He has not reached out or provided for them.

Do I need to write a letter of intent to relocate?

Q: I have a current custody agreement in place allowing me to move with the children up to a certain mileage from our current home? If I move within that agreed upon radius, do I need to write a letter of intent to relocate? Or is that only necessary if I want to move beyond the radius set by the agreement? 

Can I Petition the court for a forensic Evaluator to determine if there has been Parental Alienation?

Q: My ex has repeatedly encouraged my daughter to disregard the visitation schedule with me and has encouraged her to make plans during my scheduled time. I've petitioned the court several times and though the court has acknowledged that there has been interference, nothing has changed and my ex continues to disobey the order. My ex has ignored the order by choosing to make other plans for my son during my scheduled visitation, not informing me when he was sick/gone to the doctor, and as far as enrolling our daughter in an out of state boarding school. (we have joint legal custody) My daughter has now chosen to not communicate with me and my ex continues to keep me out of the loop. I am not sure of what course of action to take since my child is now at a boarding school.

Q: Can my child support be taken if I was getting money from a sell of my mothers house as a inheritance

A: Not automatically. If the person owes arrears, the recipient of support should get a money judgment. Then they may move to enforce that judgment against the estate, or when the money hits the obligor's bank account. Schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: What are the odds my MIL will win a grandparents rights case for visitstion in NY for my 9 mos old son whom she has never met?

A: It's hard to say without a full assessment of the case. That said, what you should do is start keeping a paper-trail - at the least send an e-mail noting how strange it is that she started all of a sudden sending letters & gifts as she's never done so previously. Either way, you win: she either denies it & then your attorney subpoenas her e-mails, or she admits it (even if by silence). Schedule a consult with a Westchester Child Custody attorney for a full assessment. 

How do I get permanent SOLE custody?

Q: I was just awarded SOLE custody temporarily pending a full custody hearing starting next week. This all came about because my ex-wife dropped my 17 year old son off at my house at 7am Saturday morning saying "he's all yours" with just the clothes on his back and his school back pack knowing I live in a different state and that he had final exams to finish out his junior year in high school. She did this because earlier in the week he told her that he wanted to come and live with me because he has a terrible relationship with her. He is adamant that he does not want to go back and he wants nothing to do with his mother at all. 

Can non custodial parents girlfriend take child out of state with our permission from me ?

Q:So I am the custodial parent of my 11 year old son. His father gets visitations every other weekend and 1 month in the summer ... now it's summer time and he had advised me he signed my son up to camp , gave me all the information and said he would be starting today July 8th... turns out my son is in a different state with out his father but with his fathers girlfriend and her family . He never told me he was allowing this to happen or even brought it up, if my son didn't call me I would have never known . Is this allowed ? 

How can I stop my sons father from harassing me at my sons school?

Q: We have joint custody at the moment. I have an order of protection against him because he was physical with me. The police charged him with menacing. He has purposely defied court orders and we are still going to court. I had an attorney but I could no longer afford them and now have a court appointed attorney. My ex is now using the school to contact other parents. He is trying to Portray me as a drug addict alcoholic.. how can I stop him from this? He hasn't filled out any documents at the school. Only I have.. and parading my sons 3yr old class mates parents in court to prove defamation isn't an option. He has no involvement with the school other than pick up and drop off during his assigned visitation days. And that his grandmother does... how can I stop this harassment? Can I stop the school from giving out information?

Can I Petition the court for a forensic evaluator to determine if there has been Parental Alienation?

Q: My ex has repeatedly encouraged my daughter to disregard the visitation schedule with me and has encouraged her to make plans during my scheduled time. I've petitioned the court several times and though the court has acknowledged that there has been interference, nothing has changed and my ex continues to disobey the order. My ex has ignored the order by choosing to make other plans for my son during my scheduled visitation, not informing me when he was sick/gone to the doctor, and as far as enrolling our daughter in an out of state boarding school. (we have joint legal custody). My daughter has now chosen to not communicate with me and my ex continues to keep me out of the loop. Can I Petition the court for a forensic evaluator to determine if there has been Parental Alienation? I am not sure of what course of action to take since my child is now at a boarding school.

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