a temporary order was issued against me (by my stepdaughter). I have a court date coming up and need to give my answer. nothing that she says is true - she is mentally ill and I have to explain to the judge
As noted by my colleagues, lawyers charge different fees and have different fee structures. Some charge hourly and some charge a flat fee. These cases can require multiple appearances, especially if you want a trial to dispute the charges, as opposed to consenting to an OP. Don't just look for the cheapest lawyer available. Speak to someone with experience in handling these cases.See question
I have been living in another state found out about the warrant and child support want to fly to NYC where the case is but don't know if I can fly from Florida to NYC with being stopped at the airport ??
It might be preferable to hire a lawyer in NY to have the case added to the calendar and try to have the warrant vacated. The attorney may even be able to help you get permission to appear by telephone rather than appearing in person.See question
I wasn't served child support properly it was mail to my mother address where I don't live
It is never safe to not appear because there is the chance thatthe other party submits an affidavit of service indicating proper service. As my colleague indicated, the court could issue a default judgment against you. The burden would then shift to you to have that judgment vacated. It would be safer to appear and contest service.
Also, consider the fact that even if you challenge service, the court would have the petitioner serve you again. Since any orders are retroactive to the filing date, there is no financial benefit to you unless she decides not to proceed and the petition is dismissed.See question
I am in NY Fam Court and there was a temporary order of custody issued in favor of my wife...the Judge also allowed her to send our chid to live with her parents in Florida (even though there was no relocation motion filed)...however, I just notic...
I've never heard of a case where a Family Court judge would allow a parent to send a child to "live with" grandparents in another state, especially while the case is still pending. You should discuss this matter with your attorney and get clarification as to what the order says. As stated by my colleagues, if you don't already have an attorney, you definitely should get one. Custody litigation is very complex and nuanced, and the outcome can have long-lasting consequences.See question
I am not married to my child's father and am planning to separate from him. We currently live together in his family's home but he as become non communicative when it come to our child (2 years old). I am currently the primary care taker with day...
If there is no current custody order (which I assume is the case since the two of you are living together), you have the right to move out of the home and take the child with you. It would be best if you immediately went to family court and file for custody. You would have the advantage of having the child in your care, and the court is likely to maintain the status quo while the case proceeds. If you move out of state, the father can go to family court, file a custody petition and the court may order that you return to NY. Otherwise, the father may be granted a temporary order of custody. In short, it would not be wise to move out of state at this time.See question
How hard is it to put a kid with autism in foster care? And if I do can I still visit ? And take him back ?
If you are unable to care for the child at this time, you cab do a voluntary placement. You would then be under the supervision of ACS and would have to plan for the return of the child. You will be able to visit but you will likely have to engage in whatever services are deemed necessary for the safe return of the child to your care. Note that, similar to a parent whose child was involuntarily removed from their care, failure to satisfactorily plan for the return of the child could result in the filing of a petition to terminate your parental rights.See question
My mother wants to move out of state. My sister(17) wants to finish off her high school education in the state she wants to go to college in (NY). My mom wants me to take custody of her so she can do that. I'm willing to take her in. My sisters wi...
I concur with Ms. Brown. File a Guardianship petition in Family Court. Since your mother is consenting, it should be a quick and easy process. She should appear on the return date to give the court her consent. An attorney will be assigned to represent your sister. Make sure one is assigned on the first date. Make sure the attorney interviews your sister before the return date. And, finally, because your sister is older than 14, the court will require that she sign an order of reference, her signed consent. Note that there will be a background check, including fingerprinting, done on you and every member of your household over the age of 18. It sounds like a lot but it is not a difficult process.See question
My father and my mother, divorced for 13 years, are fighting about child support for my sister whom is 18. I'm the only one that has my fathers new phone number. I am 22 working full time. So I have no involvement and don't want to be involved in ...
No, you're under no obligation to assist.See question
I'm a single Dad with 2 children. 13 and 18 yr old. I have sahred custody and have the kids 50% of time but still pay 1400 a month in support which is crazy. Can my kids grant me full custody without having to go in front of a judge. I live in New...
No, your son cannot grant you custody of himself. Further, the court will not grant an order of custody for an 18 y.o. (a legal adult) although child support in NYS continues to the age of 21.See question
I have a child support case but my daughters father totally lied about his income and my daughter isn't receiving what she is owed... also daycare is not included because at the time she wasn't in a placement but now she's in one and the amount is...
If the father is a salaried employee, it should be easy for the court to determine what his correct income is. He is required to provide pay stubs and recent tax returns. If he is self-employed, then usually tax returns are requested. If you feel that there is hidden income, then you can ask for permission from the court to serve additional
Discovery demands for things such as bank account statements. If it is a cash business, it becomes in teasingly difficult to weed out all possible hidden income.
If you don't have a lawyer, you probably should get one. Sometimes the cost of a lawyer may seem high, but compare it to the loss of support over the remaining years until your child's 21st birthday. It is almost always worthwhile to hire one.See question