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Westchester Child Custody Attorney Archives

Can my ex wife move to Florida with my two girls without my consent? We're in New York.

Q: We are legally divorced for over 3 years and haven't gone thru the courts for anything other than the divorce. We've handled every thing else between each other. Now she wants to move by end of June to Florida.

Can Family Court Order CPS Investigation Without Proof?

Q: I'm being dragged through the system AGAIN by my ex boyfriend who clearly is a narcissistic sociopath. Absentee father for almost 10 yrs; my child is 12. I unknowingly violated the petition about 3 years after visitation stopped (by his choice as he has spent a total of 18 hours with my child her whole life; she doesn't know him, nor does she want to) AFC is biased in his favor and lied to the judge about my daughter's wishes. I have it on tape as my daughter recorded the call. A Habeas corpus was filed, but I'm unable to travel because of a spinal cord injury. My ex is harassing me because in the first case, which went to trial, he withdrew the petition the day of trial. There's more details, but I'm running out of space so I'm going by to ask my question. Court is next week and last Friday I found a card in my door from CPS. I haven't been able to speak with the either yet, but my public defender said the court is using them for an investigation? But he has no court order, so he doesn't know for sure. I think it's my ex boyfriend making up lies to build his FAKE CASE against me. We live in AZ, but the case is in NY. Judge won't give up jurisdiction, so it can't come to AZ. HELP?

There is no court order for on custody and we were never married. Can my son at 16 years come live with me. I have a good job?

Q: My sons mother always picks on him. And it's not just because she is disciplining him. She puts him down emotionally and I have been trying to help him so now he wants to move in with me

How does an emergency pick up order work?and can the mother move away with our children if I have sole custody?

Q: My children's mom said she was taking my children to a party and never bought them back to me and enrolled them in schools in powder springs ga.I have temporary sole custody.

Unmarried mother and custody rights?

Q: My sons father wants to take him for a weekend and I am nervous he will not return him as promised. We currently do not have an active custody battle but I plan on filing a petition for sole custody on Monday. In the event he chooses not to bring him home, before I get to court, do I have the right to get him back or will police most likely tell me he has equal rights and can keep him? Please help I am so scared he won't bring him home out of spite and there will be nothing I can do!

How likely am I to get custody of my child or what type of evidence would help me in court?

Q: I live in New York but I want to move back to Ohio. My child and his mother live in New York but I want to fight for full custody to be able to take him to Ohio with me. She does not work, she depends on her family for everything including providing for the child. I work, have my own place, no family to fall back on, and I have my son everyday after work. She also has a warrant in another state and was in jail during the pregnancy.

I am going for sole custody of my two younger children because their father has not been involved how can I do this?

Q: Their father does not communicate with their teachers, doesn't go to IEP Meetings for either one, dr appointments, therapy appointments, cancels on Wednesday when he's supposed to see them, and doesn't keep them for more than 24 hours on his weekend, which he has also cancelled a number of times.

What are the chances I will be granted sole custody of my son?

Q: His father has not been active in his life, my son will be a year old soon. I finally got his father to agree to a visitation schedule we created outside of court but he constantly no shows or cancels at the last minute. All of our communication is kept via text due to his verbally and emotionally abuse behavior. He refuses to check on his son at all, even through text. He does send money monthly, but he is just not a present factor in our sons life. He has a child from a previous relationship with an ex that is very volatile and they tend to include the 5 yr old in their arguments. He doesn't understand the damage it is causing the child and tends to blame me still for our relationship ending after almost a year. I'm wondering what my chances are in receiving sole physical and legal custody. I would be willing to allow supervised visitations. Would the emotional and physical abuse play a part in the outcome as well?

Can my ex ask for more visitation, cause kids to commute to school and use that to lower child support?

Q: I have shared custody with my ex, I am the custodial parent and the children live with me seeing their father every other weekend and one weeknight. Since he left 5 years ago he has been trying to get out of paying child support. I was able to get some back support paid and enforce current support. He has not asked to see the children any more and has always lived 20+ miles away.
He is now asking to have the kids 2-3 more nights a week which would make them commute 45 min to school and have to wake up before 6am. I believe he is trying to get out of support again and try to get it lowered. I'm not even getting the minimum support because after a short time of spousal support ended the court did not recalculate my support so I get around 16% for 2 kids. The children are 12 and over and not agreeable to the change. Was my divorce and custody agreement only temporary? Do I have any rights and would a judge force my kids to commute from a town in another county? I am in my right to have the child support modified at this time, it has been 3 years since final divorce and it was not recalculated after spousal support ended. Thank you.

Do I have a stronger chance of getting custody? Full or joint?

Q: My daughter's father and I are unmarried and splitting up. We both reside in NY and he is threatening to take her away from me to hurt me. She gets babysat by his sister, whom I pay, while I go to school in the mornings to finish my degree. I work as well as a real estate agent from home, so I am mostly with her. When together, he would only sleep all day and party all night. He does drugs and drinks and comes home around 5-7am. He doesn't work. He is also violent to me and I have a couple pictures and medical documents stored away. The last argument we had, I was cooking and had a knife in my hand and he smashed my phone and as I was asking him why he did that, he took a picture of me with the knife in my hand and my daughter in the picture watching tv. He is threatening to show it if I take him to court to protect himself. I am always with my daughter and taking care of her, but worry that this can affect my chances. Help

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