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Questions Answered by Francesco Paolo Tini
1 Answer | Asked in Family Law, Child Custody and Civil Rights for New York on
Q: What can I do if the judge made an order during a conference with no motion before him?

Supreme Court judge called a “conference” because my ex’s attorney sent him an email/letter requesting his intervention in the choosing of our children’s pediatrician. The letter had specific requests much like a motion would but it was just a letter.

At the conference, the judge... View More

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

A Judge has the ability to calendar a case whenever the Judge finds good cause to do so, but it has to be on notice. If the orders include custody decisions and or visitation issues without a hearing, you most likely have an appealable issue. you must file an emergency motion with the Appellate... View More

3 Answers | Asked in Family Law and Immigration Law for New York on
Q: Can I get a marriage agreement between me and my husband allowing me to fully be dismissed of affidavits if any adultery

Like can I get a agreement written up and sign by both parties to fully free me of my affidavit obligations to support my spouse in the case he leave this marriage or lied to get a green card or have a baby while still married outside the marriage or if we separated or divorced if we was to both... View More

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

You can provide in an agreement that you both waive any spousal support, whether temporary or permanent, provided it is in a proper form just like a deed. However, there are exceptions: sometimes you could have an agreement that is a complete waiver of support , but you may still have to support... View More

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2 Answers | Asked in Family Law for New York on
Q: Is Motion To Dismiss One Way To Beat Temporary Protection Order? Or Is Onus On Petitioner To Prove Respondent's Guilt?

I sent an eight page PDF to Family Court, detailing why I'm not violent and demonstrating how my ex-wife lies to get what she wants. I refute two offense claims she makes in the Temp Order Of Protection. Or is the burden more on her, to prove what she is accusing me of?

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

You should absolutely look into whether there are basis for a dismissal. Ultimately the Petitioner has the burden of proof, but it is somewhat a low burden (preponderance of the evidence). Consult a lawyer because Art. 8 of the Family Court has strict requirements as to Petitions for O.P. and... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: does NY Family Court consider it a conflict of interest if a child's therapist saw a parent 10 years earlier

I have an 11 y/o daughter in joint custody with the birth mother.

My girl is seeing a therapist who was agreed upon by both parents.

The mother has attempted to stop the therapy using various specious arguments, which have failed.

Her latest is that the therapist once (over... View More

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

I would say yes. it is a conflict, and I would make a motion to disqualify the therapist. of course, the judge has the last say, but I feel strongly enough about this that I would appeal it.

1 Answer | Asked in Uncategorized for New York on
Q: Can my credit score drop for repo car?

My husband has a car loan with a credit union which he pays on time but has an unpaid credit card with them. The credit union repo car. since I am the co-signer, will my credit score drop? Even if car loan is paid?

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

Yes

1 Answer | Asked in Foreclosure for New York on
Q: Plantif filed summens complaint aclerrated the loan on05/15/2015 then stip.to withdraw entert in to. mod. defended

Default on 06/2023 can the plantif bring a new action or its barred 6year statu limitaion from aclerrated 2015 pmafter f.a.p.a.the mod.doesent say to restart 6 year statue limitations

Francesco Paolo Tini
Francesco Paolo Tini
answered on Jun 29, 2023

I need to look at the case. It depends how the stip to withdraw was worded. there is caselaw that suggests that since the loan was accelerated, then once the matter is withdrawn or dismissed, he statute of limitation applies.

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