Q: I have a temporary order of protection from NJ courts, a full stay away from myself and my children. My ex husband and I are currently involved in NY family courts and because of the TPO from NJ, the judge in NY family Court couldn’t order any visitation or custody orders. If I get a final stay away order…Read More
Q: My ex wants to Go to court to get shared custody. My question is can he have it even if he shares he’s apartment with other people ? A: David’s answer: The short answer is yes, especially if there is a separate bedroom for the child(ren). Of course, him asking for shared custody & him getting shared custody are…Read More
Q: A year ago, the mother was awarded majority of time with child and child support against the recommendation of forensic expert. I found out after the trial, crucial evidence was left out or ignored by my lawyer who I discovered was corrupt and suspended from practicing law thereafter for fraud. The mother refuses to have any activities for child…Read More
Q: My ex and I share legal and physical custody of our child with her having last say in important decision making and also has primary physical custody. She has always acted as if she has sole legal custody and never consult with me when it comes to school, medical and other. She has been verbally abusive to me once…Read More
Q: Father has custody, but order says child lives w/ me and visits father every other weekend. Would the father be in violation of the visitation order if he does not return the child during the weekdays? A: David’s Answer: No – to be precise, joint custody addresses decision-making, while visitation addresses the access time each parent spends with the…Read More
Q: My child’s father and I are separated. He is now a citizen and wants to file for our son. My son has recently started living with him. He is in the military. However he needs sole custody in order to add our son to his benefits and get him in school etc. How can I sign this over to…Read More
I face many situations in which a mother has voluntarily given custody of her children over to the father. Many times this happens because the mother wants to go back to school to obtain a degree, or because the mother’s house is cramped & the father just moved into a new, larger space. Regardless, the mother feels in doing so…Read More
Q: I have a 5 month old baby who was born very sick the baby had open heart surgery at birth and one up coming and many more to come. The baby selfish father wants nothing to do with her and recently had a baby with his girlfriend and lives with them and fully supports them 2 babies 4 1/2…Read More
Many people contemplate divorce, but are still living in the same household with their minor children. The question then becomes – how is custody handled? De Facto Agreement One way to resolve the issue is for the parties to agree on which parent may have custody, and then allow him/her to move out with the children while the case is…Read More
If circumstances change, and there is a basis to file for a change of custody, don’t delay – or else Judge may think you’ve acceded to the situation. File for change of Custody as the situation arises I had a potential client recently come into my office, who informed that the child wasn’t happy living with her father, and often…Read More
