CPS is involved and states the mother has the right to deny where the child should or should not go. This grandparent is very capable. She works as a professional in the school system. Has a wonderful home and can provide stability and most import...
The grandparent has legal standing to file for custody based upon the circumstances you describe. In fact, it sounds like a very straight forward case, and the grandparent will likely succeed. However, she should not delay the filing. If the child is in foster care already, this can be an impediment to the custody order.
My office has handle many many grandparent custody cases, and we offer a free consultation.See question
my son is 22 and only part time collage & my daughter is now 19 but was convicted of a felony at 18
Your son is emancipated per New York State law. Your daughter is still entitled to support (in New York it continues to age 21) provided that she is living with you and is not self supporting.
Please do not hesitate to contact me if you have any questions abut this. Ordinarily simple support cases can be handled in Family Court, and you might need need an attorney.
Good luck to you.See question
I want a divorce because I found out my husband married and fathered a child in an African country. We have been married for about 12 yrs. he recently lost his job. I continue to work. What can I and my children get? Also I need a lawyer to repre...
It is difficult to answer your question without more details. If your children are living with you and you are raising them, then you may be entitled to an order of residential custody. Usually that means that you are also entitled to child support, however, if your husband is unemployed, then you may have to wait until he is employed again before there is a court order of support.
My office offers a free consultation. Although my office is in Great Neck (on the border of Queens and Nassau County) we cover cases in the Bronx on a regular basis. If your divorce is uncontested, there is a good chance that it will stay out of Court, and you will not have to appear in Court.
Best of luck to you and your children.See question
At 2 mths preg my ex left & never came back I had no # or address for him - he had mine but never contacted, at paternity court my son was 6 mths, he showed no interest came to court with his other sons mother & sat in separate waiting area, he ad...
You cannot require a father to exercise parenting time.
On the other hand, you are not required to voluntarily give him access without a court order. If you are comfortable doing so, that is up to you as sole custodian.
Once your child is old enough to understand who his father is, you may decide it is detrimental to him to have inconsistent "surprise" visits from an otherwise absentee father. The Court will likely agree with you.
In the meantime, if the father wants to visit, he should make a request through the Courts or through his lawyer. You can agree to a basic schedule that works for you. If the father fails to show up for the court ordered schedule (and effectively waives his rights), you have the right to seek a suspension of the order.
Good luck to you and the baby. (I hope you have filed for, and are receiving child support. If not, file a petition without delay.)See question
I found a lot of emails going back and forth from my husband and a girl in Minneapolis. My husband was working at Minneapolis for about three years while my daughter and I lived in NY. He came back to NY last year and ever since then I have noti...
Since New York passed No Fault divorce in 2010, the grounds of adultery are rarely presented in Court or litigated.
You still have the right to assert grounds of adultery, or cruel and inhiman treatment, and certainly you might gain some emotional satisfaction from doing so.
However, be aware that you will not gain any leverage in the financial settlement. Nor will it affect his parenting rights. (If you have been living in New York with your daughter for the past three years, I am assuming that you are assured primary custody rights.)
Good luck to you and your child.See question
Cause and swore that I had $950k in the bank, even referencing the SONW as "Exhibit J".. I never had anywhere near this amount, nor did I ever state it. What can I do to bring this to the judge's attention? I suspect foul play on the part of a cou...
In any application for financial relief, the Court will look at evidence from both sides before making a ruling on the merits. If the error on the SONW is a typo or other type of mistake, don't panic. Your lawyer will have the full opportunity to oppose your husband's claims. In the event the Judge gets the facts wrong, an experienced attorney will know how to reargue or appeal the decision.
In the meantime, you should gather proof of your account balances and provide to your lawyer. I encourage my clients to be proactive in their cases, and to help in the presentation of their case to the fullest extent possible. Work together with your lawyer and you should be ok.
Best of luck in your case.See question
Right now i have joint custody with the mother and my child lives with her mom But everytime i try to get my child she will not respond to my phone calls or text messages. sometimes she will on her terms allow me to see my daughter but then the mo...
Your child's preference as to custodial parent will be given greater weight if the child is at least 11 years old. So the age of the child is a primary factor as to whether you will be successful in winning a case for primary custody. Separate from that, if you have a written joint custody agreement, you may be able to demonstrate that the mother has been violating essential terms (i.e. calling the stepfather "Dad" or interference with the court ordered parenting schedule.)
A consultation with an experienced family law attorney is advised. (My office offers a free consultation.) You should make sure that you have a meritorious case before you proceed. It may be worthwhile to wait until your child is at the right age. On the other hand, if your child is truly suffering, it might makes sense to gather evidence from teachers and witnesses and go forward now.
I wish you the best of luck in your case.See question
my wife cheated with her coworker can i go after him legely
It is very painful to be betrayed by a spouse. It is natural to become angry and to retaliate. Consider however, that one day, you might thank this man for opening your eyes to the kind of woman you pledged your loyalty and affection to.
My suggestion is to meet with a good therapist or clergy person to help you move on from the pain of the break up. Exacting legal revenge on your wife's paramour will net you a short term satisfaction, but if you cross the line, you can get in trouble and may open yourself up to more legal troubles.
If you have children together with your spouse, your goal should be to effectively co parent your children. Do not get carried away with fantasies of revenge. It simply is not worth it.
Be careful of going to a lawyer when you are feeling angry and wanting revenge. Speak with someone you trust, collect your thoughts, and move forward with your life exercising your best judgment so that you will achieve your goals in the long term.
Good luck to you.See question
My husband took a two week trip to Paris after I filed for divorce, but before he received service. In all likelihood he took his girlfriend, but have no immediate evidence of it. In email communications he asserts that he has every right to date...
A trip overseas after the commencement of the action is not marital waste.
(FYI - If he used marital assets to pay for the trip, you will have a meritorious claim to get your share of the marital assets -- but this is not the same as marital waste).
The presence of the girlfriend (or not) is not relevant since it was after commencement. His position regarding rental of the car is absurd, so ignore that.
Good luck to you.See question
Yes I would like maintenance payments from my wife. She earned $88K last year and me as a stay at home father earned $16K The issue that I can see being a problem is she has been given temporary exclusive use of the marital residence, as...
Based on the numbers alone, you might be entitled to spousal support. But then again, you might not.
If your wife is paying the carrying charges on the marital residence, and paying to support the children without contribution from you, then it might "wash" out against your entitlement (if any). The fact that she has been awarded exclusive occupancy and custody is significant. Clearly, there are facts that may bear upon the support issue. Be careful because unrealistic expectations about spousal support and legal fees create a lot of litigation.
My office offers a free in office consultation. Our team of 9 attorneys appear on family matters throughout Long Island and the New York metro area.See question