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Westchester Family Law Attorney Archives

Q: Can I move out of NY State with my 11 month old?

A: First, the father doesn't win custody merely because you don't have a job. Instead, the court will consider his obligation to pay child support - and possibly spousal support (if you were married) - in determining who can better support the child. That said, there's numerous other factors the court will consider in a child custody determination other than mere "financial ability to support." You should schedule a consult with a Westchester Family Law attorney for a full assessment. 

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: My ex wife is taking my daughters on a cruise with out my consent and they don't have pass ports can she take them?

A: Assuming the cruise is docking in any foreign country, she'll need passports. Thus, if she doesn't already have them & there's an order of joint custody, she'll need your written consent. Nevertheless, the real question would be: what's your objection to the trip? Schedule a consult with a Westchester Family Law attorney for a full assessment 

Why my lawyer Trying to over turn my court order without my consent?

Q:I was awarded full legal and sole custody of my son by default. The father never showed twice, then I went to court for visitation only they provided me with a public defender and now he is Trying to over turn my order that another judge put in place tut o make my son father happy I live in Westchester county the father lives in Brooklyn with his parents. Our son was born prematurely at 25 weeks weighing 1 lb and 6 ounces. I'm the one taking our son to doctors and therapy and early Intervention our son is 1 years old now. His father sees the child now every other weekend and when he does have his child his grandparents watch our son not his father. The father is in a motorcycle club and parties every weekend, I do everything for our son but he wants 50/50 for what. You lied to the court about visitation which he gets and we even talk about his having him on certain holiday and even a vacation. On top of my son father in our relationship used to beat up on me so I have a restraining order on him and his lawyer wants me to stay in a close radius to him I don't think so my address is also confidential now in the courts I'm afraid of his father I need advice. 

What shld I do...make an Ord to Shw Cause showing why the judge's dec. was incrrect, + ask that they be ordrd back to NY4 GOOD?

Q:My ex-wife, after our divorce was finalized, made an Order to Show Cause in a New York Supreme Court to relocate and was successful; as such, she and our child moved out of state.. There was a hearing, and I fought the alleged merits to the move. The judge issued an "Interim Decision After Hearing". The judge set forth several conditions that my ex has to comply with, e.g. , proof of employment, proof that she came back to NY to visit between now and our next court appearance (which will be in March 2018, proof of pediatrician's treatment of child, proof of family's support in new locale and proof of compliance w/ other matters . If she succeeds in convincing the judge that she has complied, then the move will be made permanent. I WANT THE JUDGE TO ORDER THEM TO RELOCATE BACK TO NY because the family reneged on the promised support, the child is not seeing a doctor for a somewhat serious condition and more. I believe that the move was not made in the child's best interest. There is also new evidence, which is relevant, and very well might have changed the outcome of the decision that I'd like to submit, that I couldn't have known at the hearing, because they just came to light. 

Can i fly internationally with my child if i get a temporary order of protection?

Q: I have been in a domestic violence relationship for 7 years and have a 6 year old child in common with the person. I finally decided to leave the relationship a month ago. I have told him to constantly leave me alone and he continues to bother me. He has threatened to show up anywhere i go, hurt me if i date someone else and also hurt the other person as well. Im thinking of getting an order of protection. However, my mom lives in the Caribbean and will have surgery in August. Will this stop my child and i from traveling internationally? 

What can I do, if I feel that my girlfriend's ex husband is telling lies about me in court, when this has nothing to do with me?

Q: Child custody case is happening between my girlfriend and her ex husband, who in fact is nothing to those kids. Anyways, he had called CPS and it was unfounded. In the CPS case it was mentioned that I smoke weed and offered it to one of the kids. Now I just read the paper his lawyer had written to the courts where he stated I am a current or former drug addict. I had taken a drug test for CPS cause there was nothing to hide, but now this is going to far that he is now telling lies in court and mentioning me with these statements and getting kids involved with these lies as well. What can I do or should I do?

I have a second hearing for a custody case. I refused a lawyer the first time. Will she ask me again if I want a lawyer?

Q: I need a court appointed lawyer for a custody case. I can't afford one. The judge asked me if I wanted one at the first hearing. I didn't think I needed one at the time, but then realized that I do for the next hearing.

I live in ny,my child(20 yrs old) lives on his own,how can I prove this?

Q: We went to court,I had proof but not good enough, the mother lied about my child moving out,I have asked my child for a notarized letter from his mom to stop it. They wouldnt give it because they want to keep the money. Now the child doesnt speak to me since I asked for a letter. How can i prove the child doesnt live with his mom? 

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