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New York Family Law Questions & Answers
0 Answers | Asked in Child Custody, Family Law and Domestic Violence for New York on
Q: Can I move my children from NY to RI when there is no custody or visitation in place?

I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More

0 Answers | Asked in Child Custody and Family Law for New York on
Q: I have my son for a visit but it is outside of our custody agreement and my son refused to get on the plane to return

Home. Stated he wants to live with and has told his father and the father refuses to talk to me. My son is 15 and is going to be 16 in august what should I do I don’t want to get me or my son in any trouble but I can’t force him to get on a plane. I live in Kentucky his father is in New York

0 Answers | Asked in Family Law and Adoption for New York on
Q: I'm wanting to pursue an adult adoption in Buffalo New York but I do not live in the state of New York.

I heard that there were residency requirements for the person doing the adoption.... The person I'm adopting lives in Buffalo.

1 Answer | Asked in Family Law for New York on
Q: As a removed administrator of my fathers N.Y estate, do I have to pay for the 2nd 1/2 accounting as a heir now.?

My niece is now administrator and refuses to pay for the 2nd1/2of my accounting. Isn't the estate suppose to pay for my accounting since I was removed?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Apr 28, 2024

Hello:

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

Thank you for asking your question....
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0 Answers | Asked in Family Law for New York on
Q: in 2020 my grandson n me purchased a house in Perth amboy New Jersey. at the time of covid I was admitted to the

and unable to attend the closing so I made my son POA, he signed my name and initial his. but he also sign his name on the co-owner not realizing what he did. because of covid he had to sign the documents from his car and his lawyer was in his office. i have the affidavit that states he is the POA,... View More

0 Answers | Asked in Family Law and Child Custody for New York on
Q: My daughter lives in NY, her children live w/their dad in Fl. He does not follow the MSA & holds them 4 ransom ea visit

We have spent over $30,000 on lawyers and have never been helped and he just keeps breaking the rules. How can she get help making him follow the law? No one can help her and we have no more money to help her. He has alienated the children and blocked her phone number. If they call her they are... View More

0 Answers | Asked in Contracts and Family Law for New York on
Q: What must be proven to successfully sue a parenting coordinator who is "immune from suit".

The person in question intentionally broke their contract, admitted to breaking HIPAA laws in writing, and refuses to refund a retainer, despite admitting that I am due a reimbursement.

Can this be handled in small claims court?

I am also intending to file a complaint against... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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0 Answers | Asked in Criminal Law and Family Law for New York on
Q: I am wondering where this is going..How can Halle Berry

compromise her safety, mental health, and her kids who are all underage for her ex and ex-husband to have a secret house with Klay Thompson.. is she really living with my husband in a secret house??? With kids??? Where am I going from here???

1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
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2 Answers | Asked in Estate Planning and Family Law for New York on
Q: Are wills -- download forms printed from online legal?

We live in New York State

My husband (55) and I (62) would like to make a will, don't have time for a lawyer (leaving town).

Can we download a will from online (i.e.Rural Law Ctr NY provides template)

- print out

- have 2 unrelated people witness

- notarize

Thank you,

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 11, 2024

A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

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0 Answers | Asked in Family Law, Child Custody and Civil Litigation for New York on
Q: What is the correct “answer” format to an Attorney’s “Notice of Motion” & “Affirmation” papers? “Reply” v. “Response”?

Nassau County family Court: I am the moving party (& pro se litigant); i filed a Petition for Violation of Custody Order(+my sworn affidavit, respective evidence, affidavit of service etc) against Father. His Attorney filed/served me w/a “Notice of Motion” & “Affirmation” {in short... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying child support to NYS foster care for my adopted son from China. NYS has laws that allow the child to

be funded until the age of 21. I gave up my son voluntarily after a year from adoption at the age of 13.5 years because he told me he could not stop attacking me. He has reactive attachment disorder (RAD).

I am 65 and want to retire, but I have another year until August 2025. Is there any... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

We are not a repository of arguments that we can craft for general purposes. We know nothing of the case beyond the facts provided that a person adopted a child and gave him up to the foster care apparatus and continues to pay child support to that apparatus. We do not know if this support is... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for New York on
Q: uncle lives next door, threatened to kill me. Can I point a camera at his property for my safety? NY, police report made

My grandparents own the house he lives in, he rents. And I live in an apartment next door, rented. I’m unsure if the properties are conjoined, but he does have his own address.

Video footage of him harassing me. Police also contacted and report made.

Cps also called since his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

I'm so sorry you're going through this frightening situation. Your safety is the top priority. Here are a few thoughts on your legal options regarding cameras, but please remember that I'm not a lawyer and this isn't official legal advice:

In general, in New York you are...
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0 Answers | Asked in Family Law, Adoption and Child Custody for New York on
Q: adoptive parent let my biological children move back in with me. We are trying to do this legally for the kids.

On the 1-year anniversary of the adoption my biological children moved back in with me. The adoptive mother and I are trying to work together to do this legally. The kids at the time used the adoption as a security blanket. I was in active addiction for a short period of time and before addiction... View More

0 Answers | Asked in Family Law for New York on
Q: Can I notarize a rubber stamp signature in New York State?

A translator translated a Marriage certificate for her friend. She asked me to notarize her translated document. The translator signed with her stamped signature. Is it legal for me to notarize her document in New York State? I hope to hear from you soon. Thank you in advance for your response.

3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Bonnie Lawston
PREMIUM
Bonnie Lawston
answered on Apr 2, 2024

The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More

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0 Answers | Asked in Criminal Law, Family Law and Civil Litigation for New York on
Q: Gang stalking? How do I get an order of protection?

I believe there is a person that I had a falling out with and now they are stalking me and engaging their friends to stalk me also. What proof do I need so tgat a lawyer can go to court and get an order of protection?

3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 1, 2024

The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More

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