I have learned that the mother of my children has been putting the kids in harm's way for the last 10 months and I've been getting my life together. But recently her parents took the children and petitioned for temporary custody not knowing that I...
This is not a pat "Avvo" answer to talk to a family law attorney, but it is a warning that grandparent involvement in a custody matter in the way you described is moving into very choppy and roiling legal waters because of the higher bar of a showing of "exceptional circumstances" meaning, usually, both parents are proven incapable, unwilling, absent, etc.
And by "incapable", I mean biological parents who have been proven or substantiated grounds exist like criminal arrests, founded CPS investigatons, orders of protection, low functioning alcohol or drug abuse, unsuitable dwellings per home study visits that can't be addressed, and similar things like that.
But just because the law is on the side of biological parents here in terms of rights and due process, it's important you be representedSee question
My son has a one year old daughter. He lives in NY and the child & mother lives in Virginia. The mother is joining the service. Not sure which branch as of now. The mother is stating she & him must sign their rights of the child over to her mother...
Well, my guess about the "something that doesn't sound right" is mom's description of what the military might require.
My guess that the characterization of "signing his rights away" might be a consent order to give the mother sole legal custody so that she could deal with major decisions like medical care without tracking down dad in Uzbekistan or somewhere he might be deployed.
Generally such orders are not a permanent termination of rights like in adoption. They are reversible because of the "changed circumstances" clause built into the order that when the service man or woman comes home he can petition for joint custody. Such orders would also provide for visitation during stateside leaves.See question
My friend has a court date coming up in a month for visitations for her grandson (first appearance), anyway my Friend has always had her grandson over on the weekends until the mother of the child stopped the visitations for no reason. I wanted to...
It's possible, but unlike natural parent visitation where the parents have broad parental rights, in NY and some other states there is a special grandparent custody/visitation law, Section 72 of the Domestic Relations Law which allows for such visitation only in certain circumstances.
The family court may order visitation depending on the extent of the relationship between grandparents and the child and the reasons the parents are withholding visitation and other factors.
For instance, if the child is two years old the answer here is likely to be different than eight or ten as far as this history of "every weekend visitation". Also, the child will express its wishes to the Attorney for the Child as well.See question
My neighbor currently is granted a life estate at a property. Yesterday we witnessed him burglarize a home on the other side of my property. He was charged with second degree burglary. Can I petition his life estate with Justice of the Peace?
Uh, your question does not compute. A life estate is simply a possessory interest in property. It has nothing to do with the resident's criminal and civil liability. And there is no relief you could receive or interest in his property from any court, much less a court which is not a court of record, like a local criminal court ("Justice of the Peace").See question
Power line leading to house conduit in jeopardy of possibly causing a fire. I have addressed the issue w/power company and need to get electrician to fix. Neighbor has also called company threating to sue them if fire occurs and has also threate...
I'm not sure from your description what the problem is with the power lines or why there may be a fire or what your neighbor has to do with that, but between the power company and the municipal building inspector they should be able to make sure the hazard is addressed without cooperation or discussion with your neighbor.
If your neighbor comes on your property again and you feel threatened, ask him to leave and tell him you don't want to talk to him about it. Have your lawyer call my lawyer might be a way to address such problems. If he doesn't leave or makes threats or you still feel threatened, call the police.See question
Judge ordered visitation change and ruled 6 months before a modification could occur (on a step up plan). Ex is trying to go from 10% to 50% custody because the judge wouldn't order in favor of them getting alternate tax years to claim child (age...
Agree with other companies counsel that without a demonstration of changes in circumstances shared physical parenting time is unlikely to be changed.
Don't know how it works in CA, but in NY, attempts at 50:50 "even Steven" parenting schedules don't affect support obligations (the wealthier or current non-custodial parent will still have the same formula based support).
So that's not going to achieve his objective of paying less support or taxes. Unless it says otherwise in your divorce decree, the parent with primary physical custody who is going to have the child more than 50% of the year gets the tax exemption. That's per the Internal Revenue Code and regulations. It's supposedly baked into the child support percentage formula (I have my doubts, but that's what they say).
At the end of the day, it's what's in the best interests of the child that dictates the result, and as the child gets older (teens) her wishes are more often taken into account. Trying to use gimmicks with physical custody to gain avoidance of child support or unwarranted tax breaks is usually transparent as to its motive as well.See question
*my daughter filed a "change of circumstance" in NY family court. * change of circumstance= 1. she no longer works night. 2. father now a felon * requesting a more standered arrangement: week with mother, every other weekend with father *the f...
No. But if the CPS investigation results in a "founded" letter or some action, or an "unfounded" letter, the Court will take that into account in its decision and order. Anyone can (and do) call CPS and most "tips" or "complaints" turn out to be unfounded.
I've never heard of a mistrial in a Family Court trial. That's only used in jury cases. In Family Court, if you can't settle, you go to trial on the scheduled date with the witnesses and evidence you have.
p.s. Unless the parent is incarcerated as a result of the felony conviction, or it has something to do with violence, addiction, sex crimes or crimes against children or family members, you won't get much traction with this argument. If the felony is a DWI and there are no aggravating circumstances (death, injury, significant property damage) the parent involved will usually just be required to get treatment or an evaluation. Perhaps visitation may have to be supervised if there's that much risk front the alcohol addiction, but a parent is not going li lose all parental rights just because of a random felony conviction, especially a "non Penal Law" crime like DWI.See question
This was for a custody case and all people in the case had to have one. My Eval was done by someone who knows a person in the custody case. I need the copy because this person wrote something that didn't help me ..what was written helped the other...
Often, when an evaluation is done, only a single copy is contained in the Family Court file and counsel (and pro se parties) are allowed to view the file in the Clerk's Office, but not make or request a photocopy (for confidentiality and sometimes reasons just like this, so third party evaluators can be candid and free from reprisals.
You should be able to view the file copy in person at the Family Court Clerk's Office. In the unusual event that the Court ordered the file sealed, you will have to apply to the court for permission to access it.See question