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Westchester Child Custody Attorney Archives

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

In NY, when it comes to a "nail and mail" service of process, is there ANY type case in which such service would be improper?

Q: I had someone try to serve my husband with an Order to Show Cause in a post-divorce matter, in which I seek to relocate out-of-state. Attempts were made before 8 A.M., 4:30 P.M. and 7:45 P.M. on different weekdays. All attempts were unsuccessful. I was wondering if the papers could have been affixed to his door, and copies be sent to him via mail. (Please see "Ask your question" above, also.) Thank you.
A: David's Answer: Affix-and-mail service may be done in many cases, but only after you've made a diligent attempt to serve in the manner the Court prescribes first. If the Court required personal service, then generally a "diligent attempt" includes 1 weekday, 1 weekend & 1 nighttime attempt, all at least 72 hours apart from each other. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

What should I do if a judge has given us a deadline to submit a custody agreement and the time has passed by a month?

Q: The last time we went to court the judge gave my daughter's mother and I a deadline to come to a custody agreement so she could sign it.The judge wanted us to send the agreement to her to sign and enter it as a court document.It has been over a month since the deadline she gave us.I do not have a lawyer which means I have been emailing my ex and her lawyer myself to no avail.They have not been responding to my emails or phone calls regarding this issue.I sent them both a proposal for the custody and expected to hear from them with an amended proposal or an agreement that we can both agree to sign.My ex is completely not interested in the judge signing the custody agreement it seems.She lives with my daughter and I do get visitations.I also pay the court ordered child support.My questions: Is she prolonging the signing of the custody agreement as a way to gain some sort of an advantage? and What should I do about this?
A: David's Answer: Assuming your case is in Westchester, you can contact the Referee by sending a pre-motion conference letter and state that you've tried to contact the mother's attorney to no avail. See if the Referee can intervene and offer a solution. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

Can my child's father be held in contempt if he's violated every court order?

Q: My child's father has been the petitioner in every court hearing.Yet, he never follows through. On numerous occasions, he has not picked my child up for visits. Now he's looking to get custody of my child,Due to a brief displacement i went through.What are the chances he'll be granted a modification of custody?

A: David's Answer:
He can't be held in contempt for not visiting your child, as visits are his right, not his obligation. This would otherwise be grounds to modify the order, however, as for his chances at custody, one would need to know what you mean by "displacement," as well as assess numerous factors which bear on custody. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

Should i file a petition against children's father stating the many valid reasons he should not have my children?

Q: Going to file rebuttal in custody case. Should i state vaild points on why judge should not grant custody to him? Example father has anger issues wife is recovering alcoholic children are allowed to play with 12 year old boy. Children are 6 and 4 girls.Lack of supervision in father house. I can go on and on

I have a child and would like to move to a different state dad is not involved can I do this without getting in any trouble?

Q: I was never married to father of child. He pays support 25 per month and moved Down south. He hasn't seen his son for over a year and a half. I have to move due to my parents retiring. We live with them n they can't afford ny so we are going to massachussets to continue to be with then. I can't afford to live by myself so I'm moving with them to find a job to support my son. Unfortunately I can't do it on my own. Will I get in trouble moving? I mean I don't hear from the dad but he can be malicious. He moved south almost 2 years ago. Will I be ok to move? Thanks in advance

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