Archived
Can 1 parent take a child out of state without consulting the other parent with joint shared physical custody?
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Answered on March 18, 2016
What is permitted can be determined by looking at your custody order or agreement. If the other parent is infringing upon your time or if there is...
Archived
Is there a way with written consent from the father, not having the court systems involved
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Answered on March 13, 2016
It is possible to prepare a stipulation which both parties execute and then after file a petition which seeks a change in the parenting time only. ...
Archived
Child support/educational expenses
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Answered on March 08, 2016
There is no mandatory add on for educational costs in NY. Whether a court will order educational expenses depends on the facts and the type of...
Archived
Will the 18 year old be factored into the number of children for the child support calculation or not?
Jean's answer
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Answered on March 02, 2016
This is one of the quirks of NY law. A court cannot issue a custody order for a child over the age of 18. As a result, the attorney for the...
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Archived
What are my legal rights in NYS as far as child custody Without going to court to establish a custody agreement?
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Answered on February 13, 2016
You can file a paternity petition prior to the birth of your child or he can acknowledge paternity at birth, at the hospital. I would recommend...
Archived
What happens if my son's mother and I don't agree on what new school he should go to? How do we resolve this decisions?
Jean's answer
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Answered on February 13, 2016
Unfortunately, from what you have conveyed, it does not appear that this issue can be easily resolved per your custody agreement. I would...
Archived
Who takes priority in support court? Kids out of state or in state?
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Answered on February 11, 2016
I am assuming that the Colorado support obligation is based on an order and that is why his license is suspended. That prior order will be...
Archived
If my Ex proves I'm mentally unfit wouldn't that preclude me from ever seeing my children alone?
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Answered on February 02, 2016
It sounds like he is a bully who is trying to intimidate you to get his way. For your ex to modify custody, he would have to show a change in...
Archived
If she leaves NY state w/kids what are the ramifications? Can she go to AZ to petition to modify the parenting agreement?
Jean's answer
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Answered on January 27, 2016
A custodial parent posted this same question yesterday, likely your sister.
AZ still has jurisdiction on the issue of custody and will for so...
Archived
Can I leave NY to go back to AZ where the kids and I were living the last four years? Been in NY 5 months
Jean's answer
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Answered on January 26, 2016
AZ still has jurisdiction on the custody issue If you remain in NY for much longer, you will risk a transfer of custody jurisdiction to NY. Where...
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