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Westchester Child Custody Attorney Archives

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.

He got a new job and works Saturday, can he change the legal agree to pick up sat instead of Friday, so he doesn't pay a sitter?

Q: My ex and myself have a legal custody agreement now he gets our son, Friday 430- Sunday 430. Usually im nice and let him stay until Monday. He just got a new job and wants to pick him up on Saturday night. He doesn't want to pay a sitter and wants me to watch our son. But I can't I work now and during the week when I have my son its my responsibility to find a sitter. He can't legally change the schedule right?

Can my visitation or legal custody be negatively impacted by 1 missed visit for business purposes?

Q: I have a custody settlement agreement which was entered as court order (White Plains Family) almost a year ago. The mother has physical custody; we share legal custody. In nearly 2 years since I have never missed (or even been late) for a scheduled visitation. I have an unexpected required business trip that means I would miss a regularly scheduled overnight. I gave the mother five days notice in advance. Typically, I pick up and drop off from preschool. On other days our child is bussed for pick up and drop off from mothers home to/from preschool. He is in a special ed program and Westchester county provides CPSE services including bussing. The mother has informed me that neither she nor the nanny will be home when our child is dropped off from school on the regularly scheduled day and that if I don't pick him up, she will pursue revocation of my visitation and shared legal custody as well as report me to CPS as having abandoned our child. If no one is at the mother's home when the bus drops off from school in the afternoon, is the mother responsible as the physical custodian or am I responsible because this was a regularly scheduled visitation?

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