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I have primary physical custody of my 6 year old son and share join legal custody with his mother. My ex has decided to tell me that my wife of 5 years is not allowed to stay in our home while my son is here. She demanded my wife go stay in a hote...
Practicing in Ulster County Family Court I find it highly unlikely UNLESS the NCP has A VALID reason for making this request, that a Judge would grant this as a term in the Court's Order. The likelihood that the Judge would grant this request to the NCP decreases because you are married. If you were just living with a significant other, the NCP's chances of success may have improved. Most importantly, however, is the reason for your ex's request. What happened? Was there an inappropriate incident? Is CPS involved? Was there an altercation between the ladies? Is there DV in the household? Does your wife engage in excessive drinking or illegal substance abuse? Does your wife use corporal punishment?
If the NCP tries to limit or alter your current parenting time arrangement without getting permission to do so from the Court, then you may need to take her into Family Court yourself in order to preserve your rights.
I have an office in Kingston should you care to set up a consultation at any time, you can call 845-340-4300.
Best of luck to you, I hope your situation works itself out.See question
I’m in a custody battle with my son’s mother, Our First Court date is this week and I Plan on asking the Judge for Temporary Custody until our case is finished. Is this even an option in NY courts? I have my son 4-5 days a week already, I recently...
You definitely should ask the Judge for temporary custody by oral application, however, if your son's mother shows up with an attorney and you are pro-se (representing yourself) then you may be 'outlitigated' and may not have much time to speak. I have rarely seen a Judge change a custodial situation at a first appearance especially for someone who doesn't have an attorney speaking for them. Your reasons for asking for an immediate change in custody will have to be compelling and will have to warrant a child being uprooted from their home. The Court will also be assigning an Attorney for the Child to represent your son. It is also unusual for a Judge to order a change in custody without first hearing from the Attorney for the Child. I STRONGLY urge you to retain an attorney and go to this first appearance with a lawyer by your side.See question
I live in New York am 16 and pregnant and i do not have a very good relationship with my mom. i do not want to live with her , i cant take it anymore .. most of the times i cry and i worry because of my baby and i think that's not good for her. i...
Your Mothers best friend can file a Guardianship petition. Being over the age of 14 you will also sign a consent to the guardianship. Your Mothers best friend will have to bring the action against both your mother and your biological father (if he is known and alive) as both parents will have to consent. The court will likely appoint a lawyer to represent you and to advocate your position.See question
Just did a DNA test at court. Due back in court in a month. Will I get the result before court date or do I have to go to court and find out?
If you are represented by an attorney, the attorney may receive the results prior to the return date to court. It is possible that you could reach out to the lab for the results. You may also be able to access your file from the Court's Clerk's office to see if the results have arrived yet and have made it into your file.See question
He is only allowed to contact me concerning my daughter and now he tells me he is moving into my apartment complex. I do not want to have to live in fear wondering where he is going to pop up and if he is going to stalk me again. Is there any w...
It sounds as if your Order of Protection has a full stay away provision. If so, I would immediately take it to the landlord and give it to the landlord stating that they would be breaking a Court Order by permitting him to move into the complex. You also could violate your Husband in the Court for breaking the Court Order. This is a very serious matter as it is alarming that he choosing to move into your complex of all places. You should not wait and seek legal advice immediately.See question
My ex-husband and I share joint legal custody of and I have sole physical custody of our 13 year old son. He spends 2 evenings per week and Sundays with his father, and the other 3 evenings per week and Saturdays with me. My long-term boyfriend ha...
I strongly suggest that you do hire an attorney whose primary practice area is Family Law/Matrimonial though because these attorneys will know exactly what needs to go into the agreement so that it will be upheld should your ex choose to attempt to overturn the agreement.See question
My mother has custody of my son and she refuses to give him back to me. I gave her custody voluntary when I was looking for a bigger place for my son. She was not with her abusive ex husband at the time because she had left him. They have had dome...
Unless the NY Custody Order retained exclusive jurisdiciton of the matter, you may have to proceed in Georgia. It is unclear whether or not there was a restriction on permitting her to move out of state with your child. A further review of your case history would be necessary but based on the facts you presented, you seem to have a case. The reason placed on the record for your consenting to give your mother custody in the first place will also come into issue.See question
My children are 8 yrs & 11 yrs old. My ex-wife has continually disregarded the orders of the court. She has taken our children out of the country w/o my consent or knowledge, has disappeared with them for days to even a week & I had to cal...
On the facts presented it appears as if you have a legal cause of action for a change in physical custody but more history of the case must be reviewed. An analysis of life for them in your state vs. NY would be necessary as well. Additionally, the children, as you know, have their own attorney and that voice will also count.See question
I have a son to be born this week. My MARRIED x girlfriend resides in the state of new york. I live in the state of pennsylvaina. We are about to have a child togather. She is naming this child after myself. I would like dna on this child. Im arou...
There is a 'presumption of legitimacy' in NY if someone is married and has a child. Your situation is complex and you should consult with a NY attorney immediately. You would seek the DNA test in the county where the child will reside. Where does your child's mother reside in NY?See question
My ex and I have a 5 year old son. I have primary physical custody and we share Joint Legal custody. He goes to her house every other weekend and some rotated holidays. When my son was in prek she was banned from the school for getting into an alt...
It appears that you will have to file a Family Court modification petition specifically addressing your concerns so that provisions ordered by the court specific to your situatin can be added to your current Order of Custody. Care must be taken in how the petition is drafted however, because you mustn't impede in her parental rights, particularly if she has joint legal custody. A Judge can address this issue specifically in a court order. I suggest you consult with an experienced Family Law attorney right away. You are welcome to set up a free consultation with my office if you like:
Anna J. Matula-Evans
MATULA-Evans Law Firm, P.C.
656 Aaron Court
Kingston, N.Y. 12401