Summary
In New York, you can file for divorce without an attorney using DIY forms and may qualify for a fee waiver if you cant afford court fees. To seek sole custody, provide evidence such as criminal records, abuse history, or professional testimonies. Childrens preferences can influence custody decisions if they are mature enough. Present their preferences through neutral evaluations or written statements, ensuring no undue influence. Consider consulting a local attorney for personalized advice.Full Conversation
Tesla
Hey Tesla! How can I assist you with your legal issue today?
I have been trying to get a divorce for over 4 years but have found it hard not having the money to pay attorneys, seeked help from legal aid many times and was told I will have to find and pay for his attorneys since he is incarcerated. I don't want him having visitation with my children it will only hurt us.
I'm sorry to hear about your situation, Tesla. In New York, you may be eligible for a fee waiver if you can't afford court fees. Also:
- You can file for divorce without an attorney using DIY forms from the court's website.
- Request sole custody by providing evidence that visitation is harmful.
Would you like more details on filing for a fee waiver or DIY divorce forms?
What are some examples of evidence I can provide
In your situation, when seeking sole custody or restricting visitation, you can provide the following types of evidence:
- Any records of criminal activity or incarceration details.
- Documented history of abuse or neglect.
- Testimonies from witnesses or professionals (e.g., therapists).
- Communication records showing harmful behavior.
- Reports or evaluations from child services.
Let me know if you need more information on any of these!
Does the way my children feel about it matter at all?
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Yes, the way your children feel can be relevant in custody decisions. In New York, the court may consider the preferences of a child, especially if they are mature enough to express a reasoned preference. However, the court ultimately bases its decision on the best interests of the child. Would you like more information on how this is evaluated?
Yes
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In New York, when evaluating a child's preference in custody cases, the court considers several factors to determine if it's in the child's best interest:
- Age and maturity of the child
- The reason for the child's preference
- Any potential influence or pressure on the child
If you need more information on how to present this in court, feel free to ask!
Yes please
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To present your children's preferences in court:
- Consider having a neutral third party, like a child psychologist, evaluate and testify about their preferences.
- Gather any written statements or drawings from the children, if appropriate.
- Ensure there's no undue influence from either parent affecting their preference.
If you have more questions, feel free to ask!
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