Ralph Duthely’s Answers

Ralph Duthely

Jamaica Child Custody Lawyer.

Contributor Level 14
  1. Does NYS family law require custodial parents to hire ONLY licensed babysitters?

    Answered about 1 year ago.

    1. Ralph Duthely
    2. Peter Christopher Lomtevas
    3. Eric Edward Rothstein
    4. Marco Caviglia
    4 lawyer answers

    While I've never researched it, I've never heard of such a requirement. There are State laws regulating child care providers and daycare facilities but there is no prohibition against paying a neighbor to watch your child before or after school.

    5 lawyers agreed with this answer

  2. How long does it take for an order for visitation to come in the mail?

    Answered about 1 year ago.

    1. Ralph Duthely
    2. Peter Christopher Lomtevas
    3. Marco Caviglia
    3 lawyer answers

    The best thing is for you to go to the courthouse and get a copy.

    5 lawyers agreed with this answer

  3. Do I have to have consent from my ex husband to take our daughter to Canada to live?

    Answered about 1 year ago.

    1. Joseph S Hubicki
    2. Ralph Duthely
    3. David P. Badanes
    4. Mary Katherine Brown
    5. Paul Karl Siepmann
    5 lawyer answers

    It is going to be very difficult to convince a Family Court Judge or Referee to allow you to relocate outside the Country only weeks after the Supreme Court finalized your divorce and granted the father the right to visit with his child.

    5 lawyers agreed with this answer

  4. Summer visitation. In pendente lite order the judge ordered 2 weeks for the non custodial parent which are not to be consecutive

    Answered about 1 year ago.

    1. Ralph Duthely
    2. Anne Peyton Bryant
    3. Jayson Lutzky
    4. David Ivan Bliven
    5. Douglas M. Scheinman
    6. ···
    6 lawyer answers

    I sometimes suspect that I am being too accommodating in my approach to these matters. While it is somewhat difficult to not have the children 4 weekends in a row, you as the custodial parent have the children the bulk of the time. Allow the other parent this "extra time" during the Summer. Fighting on this issue might make the Judge revisit the issue of which parent will be less likely to unreasonably frustrate the non-custodial parent's right of access. By the way, if you are...

    5 lawyers agreed with this answer

  5. Custody

    Answered about 1 year ago.

    1. Peter Christopher Lomtevas
    2. Jayson Lutzky
    3. Ralph Duthely
    3 lawyer answers

    You certainly should file for custody and child support. The sooner you file, the better.

    5 lawyers agreed with this answer

  6. Writ of haebus corpus and child custody

    Answered over 1 year ago.

    1. Ronna L. Deloe
    2. Edwin Drantivy
    3. Jayson Lutzky
    4. Ralph Duthely
    5. Sean Thomas Wright
    5 lawyer answers

    In my 20+ years of practicing family law, I've never heard of someone successfully bringing a Writ of Habeas Corpus against CPS. It isn't clear from your question if you have been charged with child neglect or abuse. If you have, your remedy is to request a 1028 hearing (Family Court Act Sec. 1028) for the immediate return of your child. The standard at such a hearing is that the child should be returned because s/he would not be in "imminent risk" if returned to the parent while the case...

    5 lawyers agreed with this answer

  7. Im gonna start working off the books but i wanna pay my child support how do i do it if they aint gonna take out my checks

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Ralph Duthely
    3. Anneshia Miller Grant
    4. Peter Christopher Lomtevas
    4 lawyer answers

    Without going into the merits of working "off the books", I have clients who were previously salaried employees who have become taxi drivers (cash receipts) or independent contractors (1099's) and no longer have their child support payments taken from their check. Since you are already making payments through an Income Deduction Order, the Child Support Collections Unit already has an open account for you. I would absolutely recommend that all payments go through SCU. Call and notify them...

    5 lawyers agreed with this answer

  8. When my son turns 18 in 6 months he is planning to go move with his aunt (mothers sister). Child Support...

    Answered over 1 year ago.

    1. Ralph Duthely
    2. David Ivan Bliven
    3. Frank Stephen Ieraci
    3 lawyer answers

    As soon as your son moves out, you should file for a downward modification on the basis that your son is emancipated. You don't make it clear whether your son will be working full time or going to school. Either way, at least you bring the matter back before the support magistrate for reconsideration of the support order. If you were to pay 17% to each household, you would obviously be paying more (34%) than you would be responsible for under the current order. If your son is not...

    5 lawyers agreed with this answer

  9. How much information can a legal guardian disclose to the Parents before the pretrial?

    Answered about 1 year ago.

    1. Peter Christopher Lomtevas
    2. Jayson Lutzky
    3. Ralph Duthely
    4. Jennifer L. Fazio
    4 lawyer answers

    The attorney for the child is bound by the same attorney-client confidentiality standards that any other attorney is under. That said, the AFC may reveal information without revealing client confidences. It is in that attorney's discretion what to reveal and to whom. There is no way for you to know if the other parent is being truthful in what she is telling you.

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  10. Court order schedule notice

    Answered about 1 year ago.

    1. Ralph Duthely
    2. Marco Caviglia
    3. Peter Christopher Lomtevas
    3 lawyer answers

    I would advise that you contact the mother and notify her that your review of the order shows that your summer visitation has begun and that you would like to just keep the kids. Try to do it in an amicable way. If she calls the police, they will act according to what is in the order. If the order reflects that the children are supposed to be with you, they will take no action. If the order does not state that, they will direct you to return the children to their mother.

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