She lives in upstate Ny, and her husband and 2 children are living in New Mexico. They are not divorced but have been living apart for several years. He has full custody and she can only see them on holidays. The main reason he has custody is becasue she works a low paying job at a retail store, and he is an archaeologist . (She was married to him the whole time he was in school, she worked and whatched the children) She now pays him child support and recently had to go to court and it was raised. She may have to get a second job...What can she do to get her children back. She can't afford a lawyer??(They were married in the state of CA)
2006-08-30 16:16:43 · 15 answers · asked by mrkittypong 5 in Family & Relationships ➔ Marriage & Divorce
>If a person in New York State is the non-custodial parent they will continue to pay (and pay) until the children are emancipated.
The custodial parent can petition for an increase anytime they please and the County that collects the support from the non-custodial parent will provide a free lawyer for the custodial parent.
Getting custody changed has almost no chance...the non-custodial parent has to claim (and later prove) extreme circumstances (child abuse, etc.) in order to get the court to even hear the case.
The only option I can think of is to find a GOOD lawyer, file for divorce and include the request for custody in the divorce. She might get lucky.
Note, I said "good" lawyer...then take his or her advice, don't act like a fruitcake in court and let the lawyer do as much of the talking as possible.
It makes no difference where they were married...just where the divorce is done.<
2006-08-30 16:34:46 · answer #1 · answered by Druid 6 · 2⤊ 0⤋
She should go to legal aid! She should also move to New Mexico and be near her children. I know that she can see her kids more and then go for 50% custody. Without her being near and a part of the children's daily life I think it would be hard for her to get full custody without being near them, however I am by no means an attorney. I believe she can get free legal council look into the county she is in and the county courthouse and call to find out or she can ask get the help she needs. Good luck!
2006-08-30 23:53:57 · answer #2 · answered by Cheryl K 4 · 0⤊ 0⤋
She has to get a lawyer that does that whole "you don't have to pay until you win the case" type of thing.
Or, find a lawyer that understands her situation and can find a payment plan for her.
With the lawyer she gets she will have to go to court and explain her situation although considering the salary differences between her husband and she, he might likely win the case against her anyway.
If anything, inform the court that while he was in school studying to be an archaeologist, you were the one watching those kids and that you want full custody or joint custody not just being able to see them on holidays.
If he issues joint custody you or he may have to move. You'll have to do something but it'll be worth it to be close to your kids.
2006-08-30 23:29:34 · answer #3 · answered by ♪Msz. Nena♫ 6 · 0⤊ 1⤋
Well, well, kittypong. You seem to think that this is some sort of "emergency" when it happens to women. IT HAPPENS TO MEN ALL THE TIME! It's rather nice to hear the female chauvinists screech and whine when the shoe gets put on the other foot.
Of course, she's not quite as badly treated as men usually are. A man's earnings would get garnished; he'd never see the money. His property would be taken and sold away. He might even be arrested and tossed into prison. Have those things happened to your woman friend yet? No?
You imagine that the children are hers more than his, do you? Usually, the courts agree with you. The fact is, this sort of thing happens to men about a hundred times more often than it happens to women, and when it happens to men, it's usually a much more ruthless thing with almost no chance of relief or redress for the legal system's male victims.
If there's some sort of problem with the idea that one parent should have sole custody, when neither parent is dangerous to the children, then FIX THAT PROBLEM by outlawing sole custody in every case except when one parent or the other is dangerous to the children. My eternal hatred to anyone whoever gifted Woman with Man's share of parental rights.
2006-08-30 23:22:06 · answer #4 · answered by David S 5 · 1⤊ 1⤋
Something is very, very wrong here. Your friend can seek legal aid or the attorney general for help. I cannot think for a moment why he has full custody. And only see them on holidays? The judge must have had good reason.
2006-08-30 23:20:52 · answer #5 · answered by rrrevils 6 · 0⤊ 0⤋
There are legal aid offices for low income families who can't afford an attorney. She should check the yellow pages, or maybe call Social Services in the city where she lives. Some attorneys do pro bono work for clients where they don't charge a fee.
Good luck.
2006-08-30 23:26:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Get more education to get a much better paying job and then move to where your children live in order to be more effective at getting more rights and perhaps at least joint custody.
2006-08-30 23:22:26 · answer #7 · answered by patient X 3 · 1⤊ 0⤋
get divorced and then she must married again with a person in the united state ,build a new family and usually she could win the custody of her children
2006-08-30 23:24:11 · answer #8 · answered by N 2 · 0⤊ 1⤋
She works in a store, he's an archaeologist...and she has to pay HIM child support?
Sounds like she needs to contact one of those "I hate men...castrate 'em all!" feminist groups...get a good lesbian lawyer all pissed off, and go after him.
2006-08-30 23:21:34 · answer #9 · answered by Anonymous · 1⤊ 0⤋
There are a lot of lawyers that get paid according to the person's income. She might want to look into something like that.
2006-08-30 23:20:05 · answer #10 · answered by ♥dream_angel♥ 6 · 1⤊ 0⤋