Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Daughter lives in NY. Had a child with her boyfriend. he did…

Customer Question
Daughter lives in NY...

Daughter lives in NY. Had a child with her boyfriend. he did not want the baby so she moved to Texas and he went to court and had her brought back to NY. judge gave the baby to him for two months to punish her for leaving the state. She has been living in NY with him for 5 years now but he is abusive and hits and chokes her. Child is now 5 years old and my daughter want to move to Texas with her. she was hurt on her job and collecting disability and it 75% disabled and unable to afford to live in NY. He has NO job, has NEVER worked..lives off his parents. She was the sole source of income. He choked her in front of the school last week and the principal and teachers came out of building to help her. He promised to get counseling and that he would move to Texas if she let him move back in. Against my advice, she did and now he has gone to see a lawyer to make sure she can't leave NY with the child. what are her chances of getting full custody and being able to move to Texas with her child? her ex husband has given his consent that she can move there with their two children. Her parents and sister live in Texas. She has no family in NY. any hope for her? thank you

Lawyer's Assistant: What steps have been taken? Have any papers been filed in NY family court?

They went to family court 5 years ago and standard every other weekend was awarded to father but they reconciled and moved in together. no court since then

Lawyer's Assistant: Have they talked to a lawyer about this yet?

He went to a lawyer to see if she could move to another state with his child but he did not tell the lawyer about his abusive behavior towards her.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has no money to fight him last time she had legal aid and they did nothing to help her..his parents can afford the top of the line lawyer and will finance his case

Submitted: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
3/20/2018
Family Lawyer: Nisha Jones,
 replied 4 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear about your daughter's situation. Give me just a few minutes to finish typing up some information for you, thanks!

Ask Your Own Family Law Question
Customer reply replied 4 months ago
thank you. I told her to file a police report about the incident at the school and have the principal tslk to the police. his lawyer told him that she will more than likely not be allowed to move out of NY
Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry there is a storm where I'm located that is now affecting internet connection, so please bare with me through any delays.

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

Does she have anything in writing in regards ***** ***** consent to her out of state move?

She does need either his consent OR a court order before she can move with her child out of state.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
he will never give his consent for her to move. what would constitute a court order? last time the judge was scolding her for leaving and questioning what was so great about Texas...totally on his side about the entire case
Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear that.

At this point though she is the victim of domestic abuse, and that also creates an unsafe environment for their child.

Any abuse that takes place in front of the child also provides grounds for child protective services to get involved, and even possibly for the child to be removed from the home.

The judge needs to be made aware of these situations.

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

There are several ways to do this:

(1.) petition for a protective injunction

(2.) file a police report and press criminal charges

(3.) include this information in her petition to the family court judge

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

The order she needs from the judge is an Order granting a Request for Relocation.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
what are her chances of getting this like 10 to 90 in his favor?
Family Lawyer: Nisha Jones,
 replied 4 months ago

This is the standard order when one parent wants to move out of state.

Does your daughter have an attorney?

If not, she should consider hiring an attorney to help her in this process.

Her attorney can prepare and file the motion and order, and can appear in court alongside her to present these legal arguments to the judge in as persuasive a manner as possible.

She can contact the New York State Bar for a referral to a custody lawyer in her area.

The phone number is:

***-***-****

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

If his abuse is properly reported through the channels I stated above -- a protective injunction, police reports, and in the motion to the judge -- then it should be 90/ 10 in her favor.

Domestic abuse in the home is not something the court takes lightly, and has a significant impact on custody matters.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Family Law Question
Customer reply replied 4 months ago
basically he wins because he fathered the child and he does not want to move out of NY..he can hit her and abuse her and not work or support the child but still have 100% rights over her. the system is a joke,,,men are always on top! thanks for your help but nothing you told me really helps our case its a no win situation still..just like 5 years ago
Family Lawyer: Nisha Jones,
 replied 4 months ago

Did you receive the information I sent you?

I mentioned that I believe this matter is 90/10 in her favor.

That doesn't line up with what you are saying you think I said, maybe you did not receive my response?

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

In fact I said quite the opposite, the courts do not take domestic abuse lightly, especially when children are involved.

She has a very high chance of having her relocation request approved, as well as potentially getting full legal custody because of the father's abusive behavior.

I can re-send my prior messages in case they were not received.

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

I'm sorry to hear that.

At this point though she is the victim of domestic abuse, and that also creates an unsafe environment for their child.

Any abuse that takes place in front of the child also provides grounds for child protective services to get involved, and even possibly for the child to be removed from the home.

The judge needs to be made aware of these situations.

There are several ways to do this:

(1.) petition for a protective injunction

(2.) file a police report and press criminal charges

(3.) include this information in her petition to the family court judge

The order she needs from the judge is an Order granting a Request for Relocation.

20 Mar 2018, 2:13 PM

Customer

what are her chances of getting this like 10 to 90 in his favor?

20 Mar 2018, 2:16 PM

Me

This is the standard order when one parent wants to move out of state.

Does your daughter have an attorney?

If not, she should consider hiring an attorney to help her in this process.

Her attorney can prepare and file the motion and order, and can appear in court alongside her to present these legal arguments to the judge in as persuasive a manner as possible.

She can contact the New York State Bar for a referral to a custody lawyer in her area.

The phone number is:

***-***-****

If his abuse is properly reported through the channels I stated above -- a protective injunction, police reports, and in the motion to the judge -- then it should be 90/ 10 in her favor.

Domestic abuse in the home is not something the court takes lightly, and has a significant impact on custody matters.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

20 Mar 2018, 2:20 PM

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

Please let me know if you still have any questions about this or need something clarified. I'm here to help.

I've told you exactly how your daughter can and should go about getting her relocation approved (and quite possibly getting full custody) as well as having her boyfriend arrested for the crimes he's committed against her.

Again, let me know if there's something you need clarified further.

And please do take a moment to leave a positive rating for me, thanks!

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 4 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Family Law
Satisfied Customers: 3,487
3,487 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My boyfriend needs to file an emergency custody order in
Hi! My boyfriend needs to file an emergency custody order in Johnson County, TX for his 13 year old daughter who has been sexually abused by her step father and there is an investigation underway, but… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
1,224 satisfied customers
My granddaughter had her baby taken by cps, and they're now
My granddaughter had her baby taken by cps, and they're now trying to put him up for adoption, after a year, even though she's trying to do the impossible, like have a place of her own by July 24th, n… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
778 satisfied customers
My daughter just had a baby and her and the father fight a
My daughter just had a baby and her and the father fight a lot. He threatens her that he can take custody away from her, because his family have money and they will help him do that. … read more
Jessica B
Jessica B
Juris Doctor
1,546 satisfied customers
My grandchild has expressed emotional abuse from her father
My grandchild has expressed emotional abuse from her father who has primary custody. She's 8 years old and has been living with him since October 2017. She has said that he just gives her oatmeal in w… read more
Expert
Expert
Managing Partner
Doctoral Degree
9 satisfied customers
I am a never-married Texas father with 2 kids 10/13 born and
I am a never-married Texas father with 2 kids 10/13 born and raised in Austin Texas. Last year, Mother moved to California so we had a mediation to modify possession for out-of-state parenting. Mother… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
My daughter maintains that her husband is verbally abusive
My daughter maintains that her husband is verbally abusive daily. She wants to divorce. Her husband is threatening to site her as an unfit mother because she refuses to meet with him face to face to e… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
My son and daughter-in-law have had a very volatile
My son and daughter-in-law have had a very volatile relationship for a while now. She has been physically abusive of him and they are both verbally abusive. They separated on July 2nd and our son came… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
My daughter is married in texas to an abusive man who is
my daughter is married in texas to an abusive man who is here illegally from Nicaragua. She and her 3 year old son from this marriage are living with us, her parents in San Antonio. Mr Murillo is livi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,407 satisfied customers
My daughter is a victim of domestic abuse that has caused
My daughter is a victim of domestic abuse that has caused her entire family (mother father, step mother father brother etc). tremendous misery. she has bruise marks where he choked her etc. I want to … read more
LegalGems
LegalGems
Juris Doctorate
12,601 satisfied customers
Trying to find out about grandparents rights, I have always
Trying to find out about grandparents rights, I have always been in my grandbaby life but since my son &the mother of my grand baby are not together she is making it harder for me to see the baby , it… read more
Chris T., JD
Chris T., JD
Lawyer
Doctoral Degree
3,337 satisfied customers
Good Morning, My name is***** boyfriend has a 9-Month
Good Morning, My name is***** boyfriend has a 9-Month baby with his ex girlfriend, he is willing to do everythin for his baby, but the lady won't allow him to do anything, unless he goes back with her… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My boyfriend and were trying to have a baby..now I am pregnant
My boyfriend and were trying to have a baby..now I am pregnant and he says he doesn't want to be with me..I already have a 5 year old and I am divorced from her dad..my daughter has known my boyfriend… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
Unwed mom moves away with new baby, putative father mad
My unwed daughter moved from Nevada to Missouri a couple of years ago. My daughter has a 3 month old baby boy born in Missouri. The putative father is not on birth certificate and lives in Illinois, b… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
Our daughter has a lawyer in Maine and is a single mom with
Our daughter has a lawyer in Maine and is a single mom with a one year old son who's father has 3 older children, all girls, but fighting for visitation and shared custody of his son now. The father a… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My 17 yr old daughter has a 4 month old baby. Babies father
My 17 yr old daughter has a 4 month old baby. Babies father just turned 16 and is not on the birth certificate. She has never received any child support other that 2 pkgs. of diapers and one can of fo… read more
Ellen
Ellen
Attorney
Doctoral Degree
649 satisfied customers
My son and his ex girlfriend are exspecting a child the end
My son and his ex girlfriend are exspecting a child the end of May early June. My son wants custody of his child for many reasons. He moved her and her 2 children in with him because she was living in… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
3 nights ago my son in law choked my daughter until she passed
3 nights ago my son in law choked my daughter until she passed out. He did this in front of my 3 year old grandaughter and a neighbor of thiers. The neighbor called the police and charges were filed a… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Managing Lawyer/Advocate
Doctoral Degree
3,286 satisfied customers
My stepdaughter signed paperwork allowing her child to be under
My stepdaughter signed paperwork allowing her child to be under the temporary guardianship of the baby's father to allow the baby to be covered on health insurance. She lives in Texas and wants to rev… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x