Archived
I have sole custody with visitation upon agreement. My sons father is coming up from FL next week and refusing 2 self quarantine
Michael's answer
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Answered on July 01, 2020
While I agree with my colleagues, right now if your Order says "visitation as the parties agree", if you don't agree with his plan you've done...
Archived
18 year old refusing our help and responsibility ?
Michael's answer
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Answered on July 01, 2020
I practice in Central New York (Oneida County), and while I can not say for sure that all Department of Social Service offices handle things...
Archived
What if biological father has residential custody and doesn't follow visitation order?
Michael's answer
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Answered on June 29, 2020
You need to speak with an attorney. You need to file a violation/enforcement petition, and depending upon "all of the facts", you may consider a...
What occurs at “return of process” court appearance for child custody/visitation modification?
Michael's answer
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Answered on June 29, 2020
First, when someone seeks to modify an existing order, they need to show a "significant change of circumstances". The first issue is not "what's...
Archived
Doesn't NCP have to disclose who will watch children?
Michael's answer
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Answered on June 29, 2020
Unless your custody order, or divorce decree, specifically make disclosure mandatory, no, there is no legal obligation to make that disclosure. ...
I’m going through a divorce and just found out my the person i was with is now pregnant. The child is not mine. What is next?
Michael's answer
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Answered on June 29, 2020
There is a presumption in NYS law that a child born during the marriage is the child of the husband and wife. With that, and assuming the child is...
Archived
What would be the best possible outcome for myself and my 6 month old son after a divorce?
Michael's answer
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Answered on June 28, 2020
You need to speak with an attorney in your community immediately. Most important issue to be addressed is ensuring that the child is returned to...
Archived
If we have joint custody and I have physical custody can the mother take them to another star without permission ?
Michael's answer
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Answered on June 28, 2020
If your question is can the noncustodial parent travel to another state during their visitation period without your consent, unless your Order...
I lost my custody papers how can I find them online?
Michael's answer
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Answered on June 28, 2020
Family Court Orders are not available online. You will either need to personally appear at the Court, or call the Court where the Order was issued...
Archived
When an alleged Father is placed on child support with no paternity test can he later ask for one?
Michael's answer
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Answered on June 28, 2020
Regarding paternity, it sounds like even without a paternity test the court determined that sir is the father. Sounds like the court warned him of...
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