I will and have never brought my son into the prison, they stay separate.
Most likely not, but certainly more facts are required. How old is the child, how did you meet, when will the person be released, will they be out on parole, or have they completed their time, what were they convicted of, how much access will they have to the child, etc. A parent will always make this an issue in any custody situation.See question
We are wanting to settle out of court and still get a divorce .
Yes, petitons can always be withdrawn with or without prejudice. However, if you want to settle the custody and support matter, and there are already petitions pending, it might be easier to resolve the divorce action, if child support and custody are off the table.See question
My ex and I have an almost 4 year old daughter. For the last 3 years he has been in and out of her life. We will set up a visitation schedule outside of court and then he will see her for a month or 2 then stop seeing her. Just recently in august ...
Is there a custody order in place? How did you get sole custody? Depending on the facts of your case, and whether the father will claim that you are responsible for him not seeing your daughter, he will defnitely get overnights, and that could happen right away.See question
I have full custody and he has visit. 2 weekends a month last visitation he txt me saying he was going to be 10 min late because of traffic. I happened to be going the same way to our meet up so I know there wasn't any traffic on at less on the m...
The fact that he is 2-5 minutes late, is really of no consequence. During the father's parenting time, he can visit with the child however, and whereever, he deems appropriate, unless your custody order/agreement sets forth certain restrictions and/or requirements that must be followed by him, when exercising his parenting time. If he keeps the child an extra day, against your wishes, you can always file a violation petition. However, I would be careful filing petitions on the facts that represent, since once you open the door with a petition, the father may file one of his own, looking for more time or some other additional custodial provision.See question
The reason she's there with her mom is when we went to family Court here we decided to avoid trial and as a parent felt that my daughter would be best to be with her mom since at that time she was able to be there for her, but now she's working an...
You will have to fight the custody battle in Lousiana, if the child has been there at least 6-months. If the mom already filed a petition, depending on the laws in Lousiana, all you need to do is hire an attorney there and file your own petition for custody. I will say though, that the mere fact that you are not comfortable with the child being home with the mother's husband and son, will not be enough, standing alone, to get custody. How old is your daughter?See question
my son is 13 is not comfortable with the person my wife chose to move in with her
You cannot interfer with the mother's parenting time, and your son must follow the parenting schedule. If you do not follow the parenting schedule, the mother can file a petition seeking a finding that you violated the custodial provisions of any custody agreement/order. Depending on why your son is not comfortable with the person your wife choise to move in with, you can file a petition seeking to modify her parenting time. Unless the person presents a risk to your son, you son will not be permitted to disconnect from his mother. A 13-year is to young to make such a decision.See question
Parties agreed to joint legal custody (father having final decision making on education). Forensic psycholgist reccomends father get sole physical custody and the law guardian wants 50-50 custody and the judge seems to be leaning in that directon...
Yes, the judge can grant 50-50 custody if the parties do not agree to settlement of the custody issues. You can have a 50/50 physical custody split, with one parent having sole custody or modified joint custody. Physical possession of the child is not the same as joint legal custody. A 50/50 split simply means that the child will be in the physical possession of each parent 50% of the time. Joint vs sole custody simply means that either both parents will have to discuss and agree on issues related to the general health and welfare of the child versus one parent making the decisions to the exclusion of the other party.See question
I've been married for 17 yrs and my husband has an issue with seeking emotional comfort elsewhere and we have a 10 yr old and I don't want her to be dragged into a nasty divorce.I just want out...he can have the house etc....I don't want anything ...
An uncontested divorce is easy, but if you have a child, your divorce won't be uncontested, unless you and your husband can agree on child custody and support. Also, the fact that you don't want anything, doesn't mean that he does not. You won't be able to get a divorce unless you and your spouse agree on all financial and custody terms. The divorce will only be nasty if you and your spouse make it so. Unfortunately, custody and child support are typically the most contentious issues in a divorce, especially where a 10-yaer old is involved. You should seek counsel.See question
Me and my husband agree on all terms, no childrens, no financial ties. I read that in Kings County Brooklyn it may take up to a year. Can I apply in Manhttan instead? I have an apartment in Manhattan where I moved after we separated, but my I.D. s...
You can file for divorce in the County where either one of you resides. Venue will not be questioned, unless raised by your spouse, which I doubt will happen if you both agree. I can't tell from your post whether you and your spouse have executed a separation agreement or if there will be a total waiver of equitable distribution. If there will be a total waiver, then you need to make sure that all the necessary paperwork is filed with the Court. I would recommend that your spouse sign an Admission of Service and Waiver of Appearance, so that you can get your divorce on papers submitted without an appearance. You should really speak to any attorney, who may charge you a flat fee, if the divorce will be as agreeable as you represent. The last thing you want is to hold up the divorce, because you don't file the right paperwork. You should check out this site, for the forms, in the event that you are intent on not seeking counsel: http://www.nycourts.gov/divorce/forms.shtmlSee question
I read that to have an increase requested by custodial parent that there are certain rules. I know one is if your income increases by 15% or more. What are the other rules?
She can go back to court to get an increase if (1) she has a substantial change in circumstances; (2) three years have pasted since the date of the last order; or (3) there has been a 15% change in income for either party.See question