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Recent Questions & Answers
Q: Can shopping theft at JFK lead to a warrant or travel issues?
In February 2026, as a UK citizen, I shoplifted items totaling less than $100 from three shops at JFK Airport in New York and boarded a flight back to the UK without being approached by store personnel or security. I have no prior legal issues in the U.S. and did not receive any communication from... View More 
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York attorney with 27 years of practice on Long Island. I can speak to the New York criminal side, and I will be straight with you, but the immigration and re-entry piece has to go to an immigration attorney, because for a non-citizen that is usually where the real risk lives.
On... View More
Q: How to prevent the other parent from taking my child out of state?
I have recently filed for a custody petition in New York, and I'm currently waiting for a court date. There have been previous incidents where the other parent did not return our child on time after visits. I do not have temporary custody at this moment. The other parent is now threatening to... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York family law attorney with 27 years of practice on Long Island.
You can ask the court for an order barring the other parent from removing your child from New York while your custody case is pending, and given the history of late returns and the current threats to leave, that... View More
Q: Can a mother relocate child from NY to NC without father's consent?
I am a parent with joint legal custody of my child in New York. I want to know if the mother has the right to relocate our child to North Carolina without my consent. We both have legal joint custody. Is she allowed to move?
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York family law attorney with 27 years of practice on Long Island.
If you share joint legal custody in New York, the other parent generally cannot just move your child to North Carolina without either your agreement or the court's permission. New York treats a significant... View More
Q: Why is the opposition lawyer handling divorce paperwork instead of the court?
I am involved in a divorce case in New York. I have not received any communication from the court about a hearing or trial being scheduled. However, the opposition lawyer has sent me a summons to serve a notice of appearance on their lawyer, rather than having the court schedule a hearing or trial.... View More
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York matrimonial attorney with 27 years of practice on Long Island.
What you are describing is normal, not a trick. In New York, a divorce is driven by the parties and their attorneys, not scheduled and run by the court on its own. The other side serving you with a summons and... View More
Q: Can I receive retroactive child support in NY after starting a Family Court case?
I initially applied for child support through HRA in 2010 but was unable to open a case. I have now started a child support case through Family Court in New York because the non-custodial parent hasn’t made any payments. Can I receive retroactive child support payments?
Thomas Anthony Sirianni
answered on Jun 30, 2026
answered on Jun 30, 2026
I am a New York family law attorney with 27 years of practice on Long Island.
In New York, child support is generally retroactive to the date you filed your petition, not back to the child's birth and not back to your 2010 attempt that never opened a case. So when your Family Court... View More
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