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Ralph Duthely

Ralph Duthely’s Answers

357 total


  • What happens if non-custodial parent wants child for 4 weeks but hasn't interacted with child in over 2 years

    non-custodial parent wants child for 4 weeks vacation but hasn't interacted with child in over 2 years how do i deal with this situation

    Ralph’s Answer

    I agree with my colleagues. The custody/visitation order (if there is one) would be controlling. If the non-custodial parent has an order of visitation but has chosen not to exercise said visitation (and has made no contact for two years), you can either allow the visit or you can go to court and seek a modification of the order and try to real climate the child to the father in a way that will not upset the child. You didn't indicate the age of the child. It could be traumatic for a young child to suddenly be sent for 4 weeks to someone (even a parent) that he or she has not had contact with in 2 years.

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  • Can my Son's Mother move out of state with him without my consent?

    My son is 4 years old and as of now his mother and I both live in NY, about 15 minutes away from each other and he stays with my fiance and myself 3-4 days almost every week. She is technically the primary custodian but has a crazy work schedule a...

    Ralph’s Answer

    My colleagues are correct. You should go to the Nassau County Family Court on Old Country Road tomorrow and file a petition. You can do so without an attorney in order to expedite the filing. Ask for a temporary order of custody and an order prohibiting the mother from relocating with the child. Have the Summons and Petition served on the mother immediately. It can be done by anyone over 18 y.o. who is not a party to the case. Otherwise, you can hire a process server. Once served, she is subject to the court's orders and can be punished for,violating them.

    Once you've filed and had her served, immediately contact an attorney who is experienced in family court matters. This will likely turn into a relocation case (if she continues to plan to move out of state) and the attorney should be experienced in handling those types of cases as well.

    Good luck.

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  • Application for passport for my 7 yo daughter returned as there is not enough evidence that father is unavailable to sign

    My daughters' father and I were never officially married. We lived together until last April, I provided most financials, he is on her birth certificate. I left him, ever since he refuses contacts, does not want to see daughter, does not pay chil...

    Ralph’s Answer

    My advice, as a Family Law attorney, is that you file custody petition. A Judge or Referee in Family Court can issue an order that would allow you to apply for a passport for the child. I would advise that you file as soon as possible.

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  • I have sole custody of my children do I need my exhusbands permission to take the kids out of state for a weekend?

    I have sole custody and the current visitation order is that he has visitation every sunday I usually take the kids out of state two weekends a month. I have notified their father that in three weeks we are going away for a weekend but he says I n...

    Ralph’s Answer

    If the order grants the father visitation every Sunday, then a weekend trip would impose on his parenting time. Yo should file a petition to modify the order to allow some uninterrupted weekend and holiday time for you in order to be able to travel with the children.

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  • Who has custody when no official order of custody was entered, but support order calls dad "non-custodial" and mom "custodial"?

    An order of support was entered in 2009, and it refers to dad as the non-custodial parent, and me as the custodial parent. We were never married. He did not want the child, so I returned home out-of-state to have her. I returned to NY state withi...

    Ralph’s Answer

    I agree with my colleagues. You should file your own petition, alleging that the child has lived with you her entire life, specifying the limited contact (if any) that the father has had with the child, and that it would be in your daughter's best interest for the court to award your custody. The facts, as yu state them, are definitely in your favor. Good luck.

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  • I have sole custody and we have joint legal custody can he prevent me from leaving the state on vacation with the kids?

    I have sole physical custody and my ex an I share joint legal custody. He seems to think that since we share legal custody I need his permission to take the children out of the state for a weekend or vacation. I was told that I do not need his per...

    Ralph’s Answer

    Unless the order specifies otherwise, you have the right to travel out of state as long as it doesn't interfere with the father's parenting time. As a courtesy, you should notify him of any trip out of state but you do not need his permission.

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  • Do i need a family lawyer now?

    My wife and I had an argument and she called the cop on me. We have a 15 months old daughter. She got order of protections and I have a court date soon. I already have retained a criminal lawyer. Now do I need a family lawyer? A case ...

    Ralph’s Answer

    You absolutely must speak to a family law attorney before speaking to ACS. Any statements you make will be used against you in court. Anything you say against your wife may end up with your child being removed and placed in foster care. Speak to an attorney asap.

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  • For pro-rata purposes in my divorce settlement, do I have to show my ex my tax returns?

    For figuring out pro-rata, is there a way to show my ex the number needed (which i think is adjusted gross income) without him having to see my income tax returns every year? Especially if I remarry, I dont want him seeing my future husbands and m...

    Ralph’s Answer

    Whatever documentation that you have to provide for purposes of your divorce settlement would be prior to remarriage. Once you are divorced, unless you file for a modification, you would not need to produce any joint tax returns filed with a new husband.

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