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Filing for emergency custody and emergency enforcement/upward modification of support in NY State.

Buffalo, NY |

Need details/advice on filing for emergency custody/violation of support order/upward modification of existing (2009) support order. Already have regular petitions pending for all three matters, but her safety is at risk (if she goes with him), and her needs are not being met. He has cut off child support, won't pay her dental/medical bills, so I filed the violation. In the meantime, we need money NOW because his failure to pay could cause us to lose our home, etc. I also need custody NOW because her safety/security is at stake. He is threatening to seize her and not give her back. Since his relapse last year, his house is now a drug den 7 days a week, and I need to be able to keep her safe till the matter is decided on a permanent basis. Also, he has been avoiding service for months.

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Attorney answers 4


I think you will not find the details you need here. You have serious issues in front of you that are going to require an attorney help you. If you do it yourself, I have a feeling something important is going to slip through the cracks.

This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.


You should consult with an attorney to get legal advice. We cannot guess at all the possible facts. A confidential consult will be helpful.

So it looks like you are living the 21st century dream: embroiled in support/custody litigation. You have serious accusations mixed in and I am sure the kids are traumatized. With school looming on the horizon, trouble is your companion. Sounds miserable.

Good luck.


While we as attorneys all want to help you and your situation.

I totally understand that there are two reasons for turning to us via the web.
One is the need for a second opinion on your own attorney. If that is the case you will not gain information here that will help you. Why because we are answering your questions based on general information and not based on the totality of your case.

2. If the reason is lack of funds for an attorney, we are not suggesting you to go see an attorney because we want more business ( which we all do) we are doing it for a more important reason because you need direct one on one representation.

Good Luck.

We are all truly here to help you.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in NY so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction. IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY MARGOLIS BY MARKING IT SO because Avvo awards the attorney points.


There are two separate situations at play in your question. One is the cut off of child support, and the financial crisis it has caused you. You are entitled to proceed on your upward mod and violation petitions. Unfortunately, the court does not always move as quickly as litigants might like in those situations.

A separate and distinct issue is the safety of the child during visits. If the case is as you've described, then you can file a petition to suspend visits and ask for an investigation of his home. You never want to send your child to a home where there is serious risk to the child's safety. Be very careful, however. You should never make allegations just because the father is not paying child support. He will raise the issue that your seeking to suspend his visits is solely based on the child support matter. Also, once CPS is involved, they investigate everyone. That means that if you have any child protective issues, it will also be brought to the court's attention. Children often end up in foster care when one parent points the finger at the other---without realizing that they too will be investigated.

Good luck with everything.

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