Aashish Kumar Nangia's Answers

Aashish Kumar Nangia
Brooklyn Family Law Attorney.
Contributor Level 7

1

Attorney answers:

  1. Aashish Kumar Nangia

I have full custody of my son, how do i stop visitation frights from a father who doesn't do anything for my son

Asked by a user in Bronx, NY - almost 3 years ago.

Many people have a complaint similar to yours, however visitation is not something that is terminated by the court unless the visits are no longer in the child's best interests. If the father is not contributing financially for the child, you should file a child support case in family court. The father will most likely be ordered to assist you financially to meet the child's needs. If the father is not the person enjoying the visits, but is rather leaving the child with other people, you...

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Attorney answers:

  1. Aashish Kumar Nangia
  2. Karin Quirk
  3. Edgardo Rafael Baez

Do I need the father's permission to take child on a family vacation to Peru

Asked by a user in Bronx, NY - about 3 years ago.

Generally speaking, you will not need the permission of the court to take the children on a vacation in or out of the country as long as yourself and the children have not been ordered by the court to not leave the jurisdiction. As you note in your question, the father has visitation rights with the children so he is entitled to one weekend a month but the question is which weekend and how does the designated weekend get set. That being said, as long as you are not violating his rights to...

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Attorney answers:

  1. Aashish Kumar Nangia

I work p/t, live on my own and receive food stamps. The father is a firefighter who lives with his mother. Can he get custody?

Asked by a user in New York - about 3 years ago.

As a general rule you should understand that joint custody will rarely be awarded if both parents do not consent to such an arrangement. The court wants to see that both parents get along well enough to make joint decisions for the children. As for who would win custody, the factors you listed above may be considered when the court determines what is in the best interests of the child, however the factors you listed are not the end all be all. The court will consider the desires of the children...

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Attorney answers:

  1. Aashish Kumar Nangia

Made a ecommerce site - but client is not paying. What are my options?

Asked by a user in New York, NY - over 3 years ago.

You should file a case in smalls claims court as long as your suit will not be more than 5,000 dollars which is the maximum limit in small claims. It sounds like your case has merit. There is a theory in contract law called substantial performance. This means that if you substantially completed the job, and the remaining problems with the site were minor or resolved, then you might be due the full contract amount. It seems as though the site you created is working fine from what you describe...

1

Attorney answers:

  1. Aashish Kumar Nangia

My son has been living with us for a few months and we have not filed papers to change the custody. Can his mother contest them

Asked by a user in Syracuse, NY - over 3 years ago.

Your son's mother can indeed change her mind if she chooses to do so. Whether a court will send the child back to her is another question. Being that the child is 13, he will most likely be assigned a lawyer who will represent his interests in court. If he wishes to stay with you, his lawyer will represent this to the court and the court will consider his choice considerably. The legal standard is what is in the best interests of the child. Many factors can determine how a court will rule, such...

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