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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Family Law and Child Custody for New York on
Q: My son was born and PR and I live in Ny. never married. I am listed as father on birth cert. How do i get visitation
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 8, 2023

Being listed on the birth certificate isn't enough. You need to have an acknowledgement of paternity to be the "legal" father or a court order. If there is an acknowledgment all you need to do is file a petition for visitation in Family Court. If there is no acknowledgement, you... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: NYC - Non-Custodial parent was arrested night before appearance (he petitioned for visitation).

The child is now six and father has not seen her in a year. Why does the court not recognize this deadbeat who is sleeping on his mother's floor in her one-room apartment? He was arrested for breaking someone's nose the night before he was to appear in court. What proof is needed to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunatley, the law says it is in the child's best interests to have visitation with the non-custodial parent. However, what type of visitation and how often is left to the judge after a hearing. You should meet with an attorney to go over all of the facts of the matter. If you cannot... Read more »

2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: can i move to another state with my kids, if i have sole custody?

was never married.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 1, 2023

The real question is do you have a custody order? If you do, then the father has visitation rights, in which case, you would need to get his written notarized agreement to allow you to move or a court order allowing the move. If there is no order, if the father has been visiting, then again, you... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: If the father of my kids agrees to signing his rights over fully. Would the child support continue or stop? I

I don’t need the child support. He has other kids to take care of. If he signs his rights over would the payments stop or will New York continue to take the payments?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 28, 2023

(This is for NY) First of all, you should know he cannot sign over his "rights". The only way for his rights to be terminated is a Neglect petition being filed by DSS or he consents to an adoption. Until his rights are terminated, he has to pay child support. The only way to stop... Read more »

2 Answers | Asked in Divorce and Family Law for New York on
Q: Divorced in 2018, was awarded half of an IRA, my ex has not given it to me since then & he won't let me see my son

My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2023

Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Hi, I hired a lawyer in my family court child custody case and now the judge says I am eligible for a court assigned

my attorney says he can't represent me anymore because the court pays little.

Can I pay the difference (credit card debt) if I want to keep her as my attorney

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 31, 2023

Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... Read more »

2 Answers | Asked in Divorce for New York on
Q: How can I get a divorce, but have no idea where other individual resides or what state they live in?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 4, 2023

It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... Read more »

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1 Answer | Asked in Family Law for New York on
Q: In New York state does paternity have to be established for the father in order for him to sign his rights away?

My daughters father is not listed on her birth certificate and has not been involved in her 6 years of life. He wants to sign his rights away as her father. Do I have to establish paternity with the court first for him to do that?

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

A parent cannot sign their rights away. The only way to lose your rights as a parent is have your rights terminated by the courts after a neglect petition has been filed or when the child is adopted.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: Can I use photos / text messages as evidence ? Instead of a police report

I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 7, 2022

The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... Read more »

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »

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

It is extremely unlikely that she would get custody (or that she is really asking for it). The most likely request is for visitation. in regard to visitation, she would have to show that she attempted to have a relationship and it was denied and that it is in the child's best interest to... Read more »

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is this considered relocation with the children without the other parent permisssion?

My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 31, 2022

If he is taking them to school every day from CT then yes they have moved. If it is only on Monday after a weekend in CT then it probably isn't a move. It depends on where the children reside during the week. On the facts presented it is difficult to give an accurate answer. Speak to the... Read more »

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: My child's mother gave custody to her mother when I went to jail for a month. Shouldn't I have custody now that I'm out
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 31, 2022

There are a lot of unanswered questions in regard to your post. First are you the father by marriage or court order or by signing an acknowledgement of paternity? It none apply, then under the law you are not the father. If you are the father under the law, then the next question is how was... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Does my wife have to pay alimony or child support?

My wife has said she has filed for divorce. I’m on social security disability, my wife makes 4x what I make a month, am I entitled to alimony. Also, our 19 year old son lives with me, am I entitled to child support.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 15, 2022

Based upon what you have written, you would be entitled to maintenance. How much and how long would be up to the court unless you settle the issue. As to child support, you would also get that as long as you son lives with you until he turns 21 as long as he is in school.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: If my kids were taken out the country with there mother without my consent and we have joint custody?

I'm asking because I have reason to believe she has. She asked me to sign some papers, I asked her where she was going. Here response was it's none of my business.

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

If you are divorced, you need to consult your Stipulation and/or the Judgment of Divorce. Is there a prohibition on either or you leaving the country with the children. If there isn't' then each of you can take the children out of the country for vacation (not for relocation). Next you... Read more »

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1 Answer | Asked in Family Law for New York on
Q: please see details. what should i do?

I received a notice of entry by mail from the petitioner's attorney with the incorrect reference to the case at hand. the attorney refered to the case in the notice of entry letter as an "order of protection" instead of a "temporary order of visitation". what do I do about... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 15, 2022

You don't have to do anything. Notice of Entry is important only for appeals. Since the order is only a temporary order - one that can change later on, nothing has to be done, the order is clearly a visitation order not an order of protection.

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.

2 Answers | Asked in Divorce for New York on
Q: I need to get a divorce but I don’t have an address for him going on a year

He abandoned me over a year and I need closure

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 24, 2023

That is unfortunate. You really need to get an attorney for something like this as you will need to start the divorce and then have the attorney file a motion for service by publication or other means after all other means of getting his address are exhausted.

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can family court assign both parties and the child all the same public defender
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 13, 2023

Not only can't the court assign the same lawyer, they cannot assign different lawyers from the same agency or firm.

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