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Westchester Child Custody Attorney Archives

How or what can I do to get a appointed child attorney by the judge off my sons case?

Q: I've been fighting custody for about two years now and things are getting out of hand and I feel completely hopeless and powerless! Since the beginning I was told to be careful with a lady who was appointed as my sons lawyer , that she had a very bad reputation of being very unprofessional and is known to play dirty. I was directed by my first attorney to never speak with her without him being present and of course I listened. At that time the judge told us to get acquainted and I tried , called her multiple time and left her messages but she never got back to me. Fast forward to two years and 2 attorneys later ( my last attorney retired because his father passed away ) she always goes before the judge to defend my sons father , has done nothing for my son and he has his own attorney! I hear from her more than I hear from my sons father's attorney and has told my lawyer that she just "doesn't like me". I've told the judge and asked my attorney what I can do but the judge completely ignores it and my lawyer says if I do anything against her it won't do anything but make her really hate me even more and probably cost me my son. I live in Westchester please help!

In what case can a judge grant the baby father custody?

Q: My ex tells the court that we make things difficult for him to receive his daughter on visitation. That is not true, so now we have to prove we are not being difficult in giving him the child. I also have a order of protection on him. So since the incident on Tuesday he and my sister had a fight. I called the cops. I put a stay away from our child because I fear of her safety..

I have sole residential custody of my children, can I petition the courts for the father to have sole residential custody?

Q: The children came into my custody in 2013 and it has become an economic burden to support them as a single parent. My ssi benefits has been currently suspended and I am supporting myself and two other kids with child support and ssi income I receive on behalf of my son. I have tried to work part time but I can't afford child care and as a result I had to turn down job offers. I don't have support that will allow me to work and bring in any income sufficient to raise my children. The father picks them up one day a month for five or six hours. I am living with a disability and it has been difficult to care for my children as well maintain the things they need.

Can a judge order joint legal custody in a contested divorce/custody case?

Q: What precedent/case is there to prevent a judge from ordering joint legal custody in a custody trial? I would like to read the cases. Can you cite any?
A: David's Answer: The caselaw provides that a Judge MAY order joint custody at trial. Doing so, however, remains in the Judge's discretion. Thus there's no caselaw "preventing" a Judge from ordering joint custody at trial as a general proposition. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

Im a foster parent and the agency whom i worked with was negligent in every aspect. NY

Q: I am a foster parent and the agency placed a child under my care since the age of 4, she was suppose to be in my home for 18 months. the agency never provided the adequate services for her needs and lost her records numerous times which i would provide to them being that i always saved copies of her records. The mothers rights were never taken away after failing numerous times drug and programs. Now the child is 9 1/2 and she was removed from my home in less than 24 hours like she was being abused. I am aware that the child is happy to be with mom, but I feel that this Agency violated her rights and put this child thru a trauma. she is currently reading 1st grade level and was never treated as a special needs child. I feel someone should be held responsible and that changes should be made to protect our children. The principal is not the incentive, its the lives of the these children that are being used as a number and not treated as an individual. these children are becoming victims of the @#$^ &* "child care system"
A: David's Answer: You have a right to contest the removal, but must do so in a timely manner. If you're not otherwise contesting the removal, however, then it wouldn't appear you have legal standing to sue the agency. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

Once you drop a petition for custody can it be filed again? The judge said no. I'm in NY

Q: The father filed a petition against me for joint custody. On the day my lawyer asked if I'd talk to him so I did. I was able to get him to drop the petition and did so when we went in front of the judge. Now the judge stated, since this is dropped he cannot open it back up. Is he ever able to file again against me? Since I didn't file any petition against him would I be able to in order for visitation or set schedule?

Can I move out of the the state if I have sole legal and physical custody of my child and the father has no visitation rights?

Q: I live in New York and have sole legal and physical custody. The father has no visitation rights and hasn't seen the child in years (hasn't had visitation rights in years). Do i need the courts permission to move? Do I need to notify the court? I don't even know where my childs father is located.
A: David's Answer: Generally you need either the Father's permission or court permission. Whether your case would constitute a rare exception to the general rule would need to be assessed. Schedule a consult with a White Plains Child Custody attorney.

Joint custody - passport issues

Q: Hi, the father of my kids (we have joint custody) does not want to sign papers so that our kids (age 14 & 7) can get passports. Can I get him to sign papers through court? If so, what application would I have to fill out, and which court would I have to submit it to? Can I do this without a lawyer? Thanks

What can I do about the court-appointed attorney? He can't keep badgering my kids like this until they say "yes, I want to go."

Q: I am divorced from my wife. We have 2 kids, ages 7 and 8. Over my objection, she wants to relocate with them to Portland, OR. in "no way, shape or form", is it in their "best interests", to do so. The kids' court-appointed attorney has already interviewed them about the move and they were unsure about it. The judge scheduled a trial, which will help he make a determination one way or another. Prior to the trial, this attorney wants to interview them YET AGAIN, and if the kids now want to go,he'll approve the move! I don't want him to interview the kids any more. I've never been abusive towards them, they love me very much, the mother has not fully cooperated with all the court orders involving visitation over the last 6 years. The 3,000 mile distance is insurmountable. For all intents and purposes, any orders, e.g., nightly telephone calls, religious upbringing, visitation set forth by a NY court will thereby by unenforceable. This attorney is just hoping to wear my kids down.

How can I help my sister in law find a good lawyer at a reduced rate or pro bono?

Q: My sister in law recently broke up with the father of her child. This "man" is not only a drug dealer but a user as well. He has never had a real job or a place to live other than his parents house, but his parents got him a high priced lawyer to try to get full custody of their child. My sister in law on the other hand is a school teacher and a positive member of society. On her salary she is paying for a place to live, daycare and all other expenses that her child and her incur. On a teachers salary there isn't enough left over to hire a good lawyer. She is working with financial aid to get a lawyer, but it is taking forever and I am afraid this lawyer will have to much on their plate to give my sister in law's case the time it deserves. Would love any and all info you can give me. Thank you

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