I am frequently ask as a Albany Child Custody Attorney, what can be done if your child wants to live with you. In custodial matters, the children have a voice, but that voice is not alone dispositive. In family court matters, the court will appoint an Attorney for the child to represent the child. That […]
Category Archives: Child Custody
15
Jan
Jan
Question: I am filing custody for my daughter. Her father has her. He doesn’t want me to have her because I am recently married, and I think he just wants his green card. Download Our Free Divorce Guide Answer: I am asked as an experienced Saratoga Family Law Attorney about the chances of getting custody. A […]
14
Dec
Dec
I am often asked as a Albany Child Custody Lawyer, what the state prefers when it comes to join custody. In most situations, the courts do look to create a Joint Custodial situation where it is possible and practical for parents to discuss major issues. As an experienced Albany Child Custody Lawyer, I advise my […]
07
Dec
Dec
I am often asked as an experienced Albany Child Custody Attorney about some help with child custody arraignments. If parents are considering shared custody, it is extremely important that those parents have the ability to talk to each other. When parents have shared custody, they need to consult in order to reach consensus on all […]
23
Nov
Nov
A common question I get as a Saratoga Child Custody Lawyer is what is the difference between joint and sole custody? There are two types of custody that are relevant in every case. There is legal custody, and there is physical custody. Legal custody is decision-making authority for a child, and physical custody is where […]
12
Nov
Nov
Question: My ex and I have 50/50 of our 3 yr old. The issue is my ex can not take care of our daughter (we have 1week with me then next with her dad). My ex missed another doctor’s appointment for her (second time in 2 months) and he never took her to the doctor on […]
06
Nov
Nov
Question: My ex disappeared with my kids in the late 80s. I received a court order to pay back child support to her earlier this year. Just a few days ago, 2 of my children showed up at my door with questions about why we gave them up for adoption. I learned they were in […]
I am often asked as an experienced Albany Child Custody Attorney what the court proceeding is like with an order of protection against your spouse. If you and your spouse have Orders of Protection against each other, the court is going to look at many factors. They are going to look at whether you have […]
Question: Evan is our first grandson and he spends a lot of time with us, the father now wants a forensic study done with his mother as the second parent. We weren’t even asked to participate. The lawyer we have hired says we have no voice in this custody hearing, and our background with the grandchild does […]
If a parent is looking to modify an existing Custody Order, he or she should petition the Family Court for permission to modify that order. This also works if a parent is looking to modify the terms set forth in a Divorce or Separation Agreement. Download Our Free Divorce Guide This informational blog post was […]
Question: I have had custody of my granddaughter for 4 1/2 years and my daughter has done nothing in all those years to try to get her back. She visits twice a week, most weeks she never calls for the visits and the courts set all of this up. Now she’s taking us to court […]
Question: My current order (out of NY) allows me to move 500 miles from the town my son’s father lives in, which is not in NYS. He has moved out of state. I want to move further than 500 miles, and he said the only way he will let me go is if I reduce […]
We have a number of cases where our client shares custody with the other parent. By sharing custody, the parties have an equal schedule with the children. Under the current New York State Child Support Statute, there is not statutory framework for how child support will be paid. In fact, the New York Court of […]
Question: We got divorced two years ago by mutual agreement. We did our documents through “we the people” and chose to do the visits with my oldest daughter and our younger daughter one week with him and one with me. We stayed here in Schenectady to make it easier for us to keep that schedule […]
Question: I am the non custodial parent with joint legal custody. Can the custodial parent have the child be seen by a psychiatrist without my consent? My ex has had the child see over 7 therapists in the past few years and is showing signs of stress because of it. I have voiced my concern […]
Question: My ex-husband and I have joint custody of our 12 year old son. I live in Virginia and my ex husband lives in Upstate NY. We’ve always maintained joint custody with myself as the primary custodian. Last year my son wanted to live up in NY with his dad which I had no problem […]
If a parent is looking to relocate, that person should petition the Family Court to seek permission to do so. Sole Custody may be a factor which strongly supports the possibility that the court will grant permission to relocate. Having Sole Custody of a child does not, in and of itself, give that parent permission […]
Child custody is often one of the more difficult issues that we address when undertaking the divorce process. We must have a provision for the custody of children 18 years or younger.Now, children are not emancipated until they are 21 in New York but a court can only issue a custody order for children who […]