I want to leave my husband but he wouldn't let me take our 2 kids. And I want to take them with me no matter what
Absent a court order stating otherwise, both parents have equal rights to custody of the children. You will not be arrested for taking the children. I would advise that you immediately go to Family Court and file a custody petition. A temporary order of custody would prevent the father from taking he children back. Don't wait for him to file first. Good luck.
In may 2015 I was finally able to afford an attorney to fight for my visitation rights with my daughter who is currently 7 years old. Since June 2013-May 2015 I had supervised visitations because I originally lived in VA and was able to move to N...
I agree with my colleagues. No one here is in a better position to advise you than is your current attorney. He or she knows the factual details of your case, as well as the strength of the evidence that you have to present to the court. Litigation is an expensive and stressful endeavor, and it is made worst by the long delays that are often the norm in family court. You have to decide if it is worth it to pursue your case. Keep in mind that, even if you settle now, if there is a change in circumstances, you can file again in the future.See question
In 2015 I filed for sole custody of my 9 year old son (substance abuse, violent home life- lived with other men). 2 weeks later she filed for divorce, asking for sole custod of my son and the house. I am contesting it, because I`ve been told tha...
As a general rule, courts will not issue an order of joint custody without the consent of the parties. Joint custody requires a great deal of cooperation between the parties. If there is a history of DV, even in the past, that required the issuance of an order of protection, it is very unlikely that the court would order joint custody. That seems to be the basis of the 18B attorney's opinion. I tend to agree with him/her.
It sounds, from the information in your question, that the two of you are already living apart and the child is with your spouse. The standard in any custody litigation is the best interest of the child. It is possible that you can prevail on the issue of custody if you can meet that burden. It is more difficult if the child is already in the sole physical custody of the mother and he is doing well.See question
I saw your article, I was hoping for some advice, cps has called me twice, over the weekend and I spoke to them over the phone, the worker said that I can go the hard way or the easy way, and co-operate with them by letting them see my 16,13 and ...
My best advice is that you cooperate with the CPS investigation. You indicate that your husband has not abused the children. Therefore, nothing should come of the investigation. If you have any concerns, don't answer any questions about the specific incidents but don't prevent the case worker from speaking to and observing the children. You can consult further with an attorney if you have any more concerns.
Ive had legal residency custody with join custody since my daughter was 18 months she is now 5. Her mother left her to go to Miami, for 25 months. She moved back in July 2015, I put her on Child Support in August 2015, she is now fighting for cust...
I stress as vehemently as I can that you should consult with an experienced family court attorney before going to court and entering into any agreement with the child's mother. While I generally encourage parents to try to reach an agreement with regard to the custody of their child, there are some obvious problems in your scenario.
First is the fact that the mother moved away from her child in the first place. This is even more problematic when, as you say, she left another child in Florida and returned to NY. There are serious questions regarding her stability and fitness to parent a child.
Second, the custodial arrangement that you describe is one that presents some problems currently (the child not having one stable primary residence), but it will prove totally unworkable once the child starts school. Whether it is pre-school or kindergarten, the arrangement will become unworkable as well as unhealthy for the child. You will then be forced to return to court and have the burden of arguing a change in circumstances to get the order modified. At that point, there is a possibility that residential custody to the mother may be in n the child's best interest. Why put yourself in a position to have to relit irate custody in the near future.
Please speak to an attorney now. Be prepared to litigate if the mother does not want to work out an arrangement that is more beneficial to your child at this point. You are in a stronger legal position now than you will be two years from now if you enter into the agreement that you proposed.
He filed a report against her with ACS - he has 3 kids (not hers) 16 15 & 12, they have been together for 6 yrs. The reports states she has abused the kids (which I do not believe) Her 19 yr. old son also has charges put against him. Never reports...
If she has an order of protection against her, it is likely that she has an attorney. If she is indigent, one would have been assigned to represent her. That attorney is the best person to advise her on these issues. She is right to say no to returning to the home. She will be in violation of the court's order and will face possible incarceration, even if the husband invites her back in. She MUST not go to the home without the court's permission. If she wishes to get her personal belongings, she should go back to the court and file an Order to Show Cause to allow her to go to the home, accompanied by the police, to retrieve her personal belongings.
As to her filing for an OP, the court can be skeptical of one who files shortly after one has been filed against her. Nonetheless, she should discuss it with her attorney, give him/her the specifics of her allegations, and get advice from the lawyer as to whether she has a valid basis for filing.See question
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
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.See question
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...
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.See question
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...
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.See question
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...
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.See question