Child Custody Laws Explained

Summary

In New York, you need to live with the child for at least six months before filing for a change of custody. Gaining full custody depends on various factors like childs best interest, stability of each parents home, and each parents ability to provide for the child. To move your child from Florida to NYC, seek written consent from your ex-spouse or file a petition with the Florida court. Full custody in NYC generally holds even if you move back to Florida. Even with full custody, a visitation schedule for the noncustodial parent is typically established. In Florida, you can request a modification of child support if there has been a substantial change in circumstances. An ex-spouses inheritance is generally not considered as income for child support calculations in Florida.

Full Conversation

If I have a child custody case set in Florida and we have shared custody but child resides with me full time and father has visitation schedule, how long to I need to live in nyc with the child to file for change of custody with the state of nyc
In New York, you typically need to live with the child in the state for at least six months before you can file for a change of custody. However, every situation is unique and it's recommended to consult with a family law attorney.
How likely am I to get full custody in nyc from joined parental responsibility I have set in Florida?
The likelihood of gaining full custody in NYC from joint parental responsibility in Florida hinges on various factors:
- Child's best interest
- Stability of each parent's home
- Each parent's ability to provide for the child
It's advisable to consult with a family law attorney in NYC for personalized advice.
Who is the best nyc lawyer for this matter
As an AI, I cannot recommend specific lawyers. However, you can search for Family Law attorneys in NYC who specialize in child custody cases. Look for those with good reviews and relevant experience. Always consult with a few before making your decision.
What do I need to go to move with my child from Florida to nyc? Do I file a petition with the Florida court or ask my former spouses permission to move?
To move your child from Florida to NYC:
- Seek written consent from your ex-spouse.
- If consent isn't given, file a petition with the Florida court.
- The petition should detail your reasons for moving and proposed visitation schedule.
It's advisable to consult a legal professional in this process.
Can I file for full custody in nyc after living there for 6 months with my whole while my ex spouse still lives in Florida?
In New York, after living there for at least six months, you can file for a change of custody. However, the court will consider the child's best interest and other factors. Consult a family law attorney for personalized advice.
If I have full custody set in nyc and then I move back to Florida, does the custody hold in Florida?
Yes, if you have full custody in NYC, it generally holds even if you move back to Florida. However, you must comply with Florida’s child relocation statutes. Please consult with a Florida-based family law attorney for specific guidance.
If I have full custody of the child, can my ex spouse take the child over night if I don't give permission?
If you have full custody, your ex-spouse generally can't take the child overnight without your permission. However, you should follow the visitation schedule set by the court. If issues arise, consider legal advice.
Thank you
You're welcome, ****! If you have any other questions or need more information, feel free to ask. Remember, it's always better to consult with a professional attorney for personalized advice. Good luck!
If I have full custody of the child, do I still need to have set visitation schedule for the ex spouse?
Yes, even with full custody, a visitation schedule for the noncustodial parent is typically established. This schedule should be in the child's best interest. However, specific rules can vary, so consult with a family law attorney for detailed advice.
If I have shared parental responsibility split */* in Florida but child resides with me full time, I have sole decision making of child's medical, education, religion and ex spouse has visitation schedule, can my ex spouse and I agree to a different visitation schedule without going to court, put it in writing and have it notarized and sent to court, would that be possible?
Yes, you and your ex-spouse could agree to a different visitation schedule outside court. However, it's advisable to:
- Get the agreement in writing
- Have it notarized
- Submit it to the court for approval
Remember, the court prioritizes the child's best interest. Always consult with a family law attorney for personalized advice.
In Florida, if I waived child support from ex spouse because it was calculated and included into my buying him out his house share, can I file for child support from my ex spouse in the future ?
In Florida, you can request a modification of child support if there has been a substantial change in circumstances, such as a significant change in income, or needs of the child. However, the court will consider the original agreement. Consult a family law attorney for personalized advice.
Would my ex spouses inheritance be considered when asking for child support?
Inheritance can be considered as income when calculating child support in some states. However, the laws vary by location. Could you please specify the state you're inquiring about?
Would my ex spouses inheritance be considered when asking for child support in Florida?
In Florida, an ex-spouse's inheritance is generally not considered as income for child support calculations. However, if the inheritance is used for income-producing investments, that could potentially be considered. Always consult with a family law attorney for specific advice.
What is I come producing investment?
Income-producing investments are assets purchased or built to increase wealth over time without the owner having to work to earn that return. Examples include stocks, bonds, rental properties, or businesses. These investments generate income in the form of dividends, interest, rents, or profits.
I see
You're welcome, ****! If you have any other questions or need more information, feel free to ask. Remember, it's always better to consult with a professional attorney for personalized advice. Good luck!