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Bronx Family Law Attorney Archives

Can my child's father change her last name without my consent?

Q: The father is not involved in her life and does not pay child support currently. We have an upcoming paternity/support case( we were never married and he didn't sign the birth certificate) and all of a sudden he wants to change her last name to his. Can he change her last name to his if I say no in court?

Is NCP supposed to notify me when child gets hurt during his visits?

Q: My daughter who is 6 yrs old has day visits every other Saturday with her Father. He lacks common sense and I always fear of her getting hurt while in his care. This has happened a few times when he used to visit her when she was little before we had a visitation order. Recently he was throwing a frisbee in the park with her and somehow she got hit in the face. From what my daughter told me he was very far away and throwing it with great force. The impact not only hurt her where she started crying and a first aid person had to place ice on her face but she received a pink circle bump on her face and a deep black and blue on the inside of her mouth. When he dropped her off to my father (since we do not come in contact with each other, his request) he did not say anything even when my dad questioned my daughter in front of her father. It wasn't until he took her upstairs that she told her grandfather there was a black and blue on the inside of her lip. I feel like NCP was being secretive. Is this okay for him to do? If she gets hurt while in her care that he can just ignore it and not say anything to anyone? No phone calls or texts letting me know?

Can Ex's Girlfriend post photos of my daughter on facebook?

Q: My ex and I have a very general visitation order that just addresses phone calls and every other saturday day visits. He lives with his GF. My ex hasn't been around for the last 6 years of my daughter's life and has recently gotten visitation. I don't mind my daughter spending time with her father and his GF. But both of them are not very nice towards me and numerous times have posted indirect facebook posts about me. I just noticed a new post that my EX's GF had posted and it was a picture of her and my daughter. If it was her father posting photos I would not mind but I barely post photos of my own daughter on social media and it makes me VERY uncomfortable that there are hundreds of people that I do not know seeing a photo of my daughter on this woman's facebook. Can I do anything about this?

Can my husband still get visitation with his children even if an unfounded ACS case showed up on his record?

A: My husband has 2 children he is trying to get visitation. He had a ACS case with his son mother said he child that was unfounded and 1 that was substantiated. He is a good father and just want to have visitation with his children

Do i need to appear to a 1034 hearing

Q: An ACS worker came to my home asking for me and the mother of my child since I have had a previous report on me which was unfounded I thought it best to record this conversation. As I went to video record the conversation she refused and walked away handing me her card not before asking if the mother of my children were home, I replied no. She returned A few more times. I asked what are the allegations and she did not tell me saying she will be back with a court order. I do not know the location of my kids or her mother cause she lived in California and I live in New York. Even the father of my step kids is calling me asking as well if I know her whereabouts. I can't contact her because of a order of protection in place so I'm puzzled why they are coming to my home. Another knock on my door and once again I take out my phone to video record my conversation she is with two officers and hands me a Order for Investigations SEC.1034 to produce the children or to go to court. I say I don't know the location of the children or their mother and allow the officers in to see no one is home but me. I am being accused of DV as last time and that investigation was unfounded What should I do?

Can ncp request a police escort to my residence for pick up?

A: There is no designated pick up or drop off location in my visitation court order. Ncp has been picking up and dropping off at my address related to the court papers. But now he wants me to meet him at any precinct. I have refused and stated that he needs to pick up from my home. He claims that he will have a police escort to pick up his daughter at his next visit. He is only claiming this since I won't meet him at the meeting place of his choice. Can he do this? What would be the point of having a police escort? This would probably scare my six yr old which I already stated but he doesn't care. He said he wants a police escort to pick up his daughter for him and if I don't let the police escort take her that I will be arrested for violation and kidnapping. Can he do this??

Is ncp supposed to pick up and drop off at custodial parent residence?

Q: The court order for visitation does not state pick up and drop off. All it says every other Saturday 10am-6pm for parenting time. Is NCP supposed to get his daughter from my residence? What is the default pick up/ drop off if judge never specified? He has picked her up once and dropped her off once from my address related to all court papers. But now he is refusing and wants me to go meet him at a police station. What is the default pick up and drop off?

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