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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Divorce for New York on
Q: What does RJI pending mean in uncontested divorce

No assets

One minor child

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 16, 2022

It means that the RJI hasn't been filed yet.

3 Answers | Asked in Family Law for New York on
Q: Good morning I had a fire and I let my daughter stay with her father to go to school now he doesn't want to give her bac

I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 9, 2022

You didn't make it clear if there is a custody order. If there is such an order, the order controls until it is changed by the court. If you have custody and you voluntarily allowed your daughter to live with the father for a period of time and then picked up your daughter, you cannot be... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Can the alimony-paying party in a divorce just stop working out of spite? Or "retire early"

i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"

I'm on disability. Spouse is the working party

Online calculator says $800/mo alimony

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 6, 2022

If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.

1 Answer | Asked in Family Law for New York on
Q: After 3 years our family court lawyer has been changed and we are worried about the outcome and our representation

We are unsure of what to do our previous lawyer already had a plan for dealing with the person who keep petioning us now he is supposedly unavailable and trying to explain 3 years of family court petitions in which every one that was filed was dismissed and absolutely immature ridiculous false... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 4, 2022

The new attorney will get the full file from the old attorney and the attorneys can discuss the case and the plan the original attorney had so there should be no problem

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can an unwed mother from NY move with a their baby to another state or territory without the fathers consent?

Baby is 3 months old

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 6, 2022

Mr. Lomtevas summed up the state of the law pretty well. However, what the question does not supply is the status of the father. Did he sign an acknowledgment of paternity or not? If it isn't signed, notarized and filed, under NY law he is not the father. He would first have to go to... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 5, 2022

To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... Read more »

2 Answers | Asked in Family Law for New York on
Q: Can I file for emergency custody in NY if my ex has taken my son to Pennsylvania and refuses to let me see him?

He scheduled a custody consultation in Pennsylvania and is trying to take him from me even though my son has been living with me for years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 6, 2022

This is a complicated question as you haven't indicated if you have a custody order. If there is a custody order, then modification of that order would have to be in the state where the order was granted (unless neither of you live there anymore). If you have a NY custody order, you should... Read more »

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2 Answers | Asked in Family Law for New York on
Q: I want to get a legal separation from my husband. Can I take my children on vacation during the separation?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 4, 2022

Since you only want to get a separation, and there is no action started nor any agreements or orders in place, you each have equal custody of the children. That means that each of you are free to travel with the children at this time. That "freedom" can change depending on any... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Can I get the father on abandonment ? He has not seen his son and just put papers for visitation.
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 14, 2022

Abandonment only applies to a parental termination case brought by DSS. Unfortunately, visitation is a right to be exercised as the father wants just like voting. You can vote each year or skip it.

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2 Answers | Asked in Family Law for New York on
Q: Will a judge allow a father in the kids life if he has not been around for 9years .
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 14, 2022

Yes, however, the amount of visitation and duration will be something that has to be built over time.

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2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: I need immediate help in New York State I’m a low income veteran i can pay monthly no more than 1k i need help with

A divorce and child custody my spouse has called the cops on me saying i beat my kids and her both investigated nothing found/no evidence just recently i was served with a order of protection from my spouse and kids after I’ve had my kids for two months after she has abandoned us with no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 10, 2022

You should appear in court on the return day of the summons. At that time, you can ask the judge to assign a lawyer to you without charge if you meet the low income criteria. You can also contact the local bar association for recommendations.

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2 Answers | Asked in Divorce for New York on
Q: What can i do if my husband wants me to sign an uncontested divorce forms waiving my rights for child support or alimony

We've been married for 15 yrs, and have a son together. He filled out the affidavit as me and I do not agree to what he put on the form so he can file for a divorce.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 8, 2022

To begin with, you don't have to sign anything you don't agree with. It is difficult to waive child support without good reasons so it is unlikely that the papers would go through as is. You need to see an attorney immediately and discuss the facts of your case. In no event sign any... Read more »

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My sons father is currently serving 30 years in prison and they do not want to talk to him or see him.

He wants the courts to force them to talk and to visit him in prison. He is in CT and I am in NY. We are currently divorcing and I am filing for custody in NY. Should I force the children to talk to him. They will be 10 & 11 years old.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 2, 2022

The courts will require some sort of contact. What that is will be up to the court. I suggest that you discuss the issue with your divorce attorney as "custody and visitation" are part of the Judgement of Divorce.

1 Answer | Asked in Family Law for New York on
Q: I was served. W temporary orders of protection by my mother & she included my 2 children in this-

All allegations made against me by my mother in this order are false & never even existed! It’s a complicated situation and I don’t have income to have paid lawyer, is there a lawyer pro bono that has experience with this type of case that’ll be willing to assist me ? Please let me know... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 1, 2022

What you should do is appear in court on the day you are summoned and request that the court appoint an attorney for you. If you meet the guidlines, the court will appoint an attorney to represent you at no cost to you.

1 Answer | Asked in Divorce for New York on
Q: My ex wife and I get divorced. But she threatening to sue me bc I owed her 8000 dollars. We had a little business in Dr.

But everything went down with the corona virus situation., no more entry,but I did not have contract with her. What should I do? Can she actually sue me?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 21, 2022

If you had a divorce agreement or settlement that said that you were going to pay her $8,000 for the business, then yes you owe her the money and she can sue you. You took the chance of what would happen with the business - good or bad.

2 Answers | Asked in Divorce for New York on
Q: I'm separated, I was told I need to get a seprarion agreement so my ex and I can file for our taxes separately.

We got married in NY but lived in NC, I moved back to NY on July 2021. We also want to get a divorce, he moved back to NY on Oct 2021, we live in different cities. The proof I have that I moved out is the rental truck agreement from July 2021. Does it work as proof so we can get a separation... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 18, 2022

You can file your taxes seperately. What you do is file as married filing seperately. Talk to your tax preparer about that. To do a seperation agreement you should consult with an attorney. However, if you want to get a divorce, you should do that as depending on circumstances you will do a... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is it okay for me to live in a 1 bedroom apt with my girlfriend and my son who stays with us every other weekend? He’s 3

My long term girlfriend and I just moved into a one bedroom apartment. I have a 3 year old son who I have partial custody. We have arranged his own bed for him in our one bedroom and a dresser. Is this legal? We can’t afford a 2 bedroom yet.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 17, 2022

The short answer is yes. However, you should keep in mind that your 3 year old is around especially if he is in the bedroom with you and act accordingly. Remember children hear and see things even if you don't think they do and you don't want him telling the mother about anything... Read more »

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2 Answers | Asked in Divorce and International Law for New York on
Q: Who may have authority over the children?

If a United States Citizen gets married to a British citizen. Both now live in England, having now two children. A divorce is in the question, who has authority over the children?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 10, 2022

This is a question for an English attorney as the parties and children reside in England and English law would apply.

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2 Answers | Asked in Family Law and Adoption for New York on
Q: How can I terminate parental rights in NYC?

I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter's dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 10, 2022

Only a petition brought by a child protective agency can terminate a parents rights. However, you can negotiate with the father to allow the adoption by agreeing to forego the arrears owed to you and of course the fact he won't have to pay support anymore.

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1 Answer | Asked in Family Law for New York on
Q: If you paid child support and wasn’t Father by blood or on the birth certificate,can you get money back?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2022

The short answer is NO. You cannot get back money paid as "child support."

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