Aashish Kumar Nangia’s Answers

Aashish Kumar Nangia

Brooklyn Family Law Attorney.

Contributor Level 7
  1. Am I obligated to change the custody order when the non custodial parent cancels or demends a different time?

    Answered almost 2 years ago.

    1. Aashish Kumar Nangia
    2. Lawrence Allen Weinreich
    3. Peter Christopher Lomtevas
    4. Martin Alan Cohen
    4 lawyer answers

    You are under no obligation to deviate from the underlying order and its terms. If her visit is supposed to begin at 6pm pursuant to your order, then that is what controls. She must follow it. You can allow her the additional time if you so choose, and you do not need to worry about changing the order for a one time deviation from its terms. You should be careful however, in altering the terms of the order if you and the child's mother do not get along. Substantial changes to the order on your...

    4 lawyers agreed with this answer

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

    Answered about 5 years ago.

    1. Aashish Kumar Nangia
    1 lawyer answer

    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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

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

    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...

    1 person marked this answer as helpful

  4. Consequenses of taking my children under 18 to live in another country while legally married without father consent

    Answered over 1 year ago.

    1. Aashish Kumar Nangia
    1 lawyer answer

    It would be a very bad idea for you to do that without the father's consent or a court order permitting you to do so. The father could file a writ to have the children returned to the United States, you could be arrested, and the children could be placed with the father. If you go to a country that is a member of the Hague Convention, they are under a duty to do what is necessary to have the children returned to their home country. If you are serious about moving to another country with the...

  5. 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?

    Answered over 5 years ago.

    1. Aashish Kumar Nangia
    1 lawyer answer

    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...

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

    Answered over 5 years ago.

    1. Aashish Kumar Nangia
    1 lawyer answer

    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...

  7. 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

    Answered over 5 years ago.

    1. Aashish Kumar Nangia
    1 lawyer answer

    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...

We're ready to help. Contact us today.

718-222-5301