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Questions Answered by Sandra M. Colatosti
1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for New York on
Q: Hi, my family is in the process of being evicted by the main tenant my grandmother she is refusing to sign moms HRA form

Her refusal comes from her lawyer and without that form my mother and brothers health benefits will end my mother is in need of a surgery that can help her with weight loss from and accident and relieve the risk of becoming blind from Papilledema

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 3, 2022

You should consult a lawyer

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.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 2, 2022

Unless the order states that the children cannot be removed from the country, state, area, etc., there is no prohibition against taking the children out of the country without the other parent's consent. It becomes a problem if the relocates the children to another country permanently.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require proof of my chronic illness to make a repair?

The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 2, 2022

They should fix it regardless of any medical condition you may have. Contact the code department

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2 Answers | Asked in Child Support and Family Law for New York on
Q: My ex and I share joint custody of our children. He pays child support but not according to the Child Support Standards

Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 1, 2022

I've never seen an order specifically addressing who is responsible for haircuts but I would say it would fall under clothing.

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1 Answer | Asked in Family Law for New York on
Q: Can two under 18 get married in New York if having baby together? Law says no marriage under 18- no exceptions.

Have searched Internet and can't find answer to this question. I am wondering how this scenario is addressed by New York State Law. Thank you!

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 30, 2022

You would need your parents’ consent to marry if you are under 18. You cannot marry unless you are at least 16.

1 Answer | Asked in Child Custody for New York on
Q: My kids are 13 yrs old and 15 yrs old. If they want to stay with me, can I get full custody? I am in New York.

I am father.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 30, 2022

They are at an age at which their wishes about whom to live with would be given greater weight. However, it would be just one of the factors the court would consider. You first would have to show a change in circumstances, that being the children’s desire to live with you. You then would have to... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Does he get visitation both from 7:30am-4:30pm on Friday, and then also the holiday schedule 6pm to 1pm the next day?

I am the custodial parent to my son, and his father is non-custodial. He unofficially takes him every friday from 7:30am until 4:30pm. (This was verbally agreed on, but not filed in our court order). His father also gets visitation on December 23rd at 6pm until December 24th at 1pm.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 25, 2022

For the visitation schedule to be enforceable, either you or the father would have to file a petition with Family Court and an order issued.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 28, 2022

By definition, non-consecutive means the weeks do not run together.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: The tenants didn't want the furniture in my fully furnished place. I stored it. Their lease is up, who moves it back in?

I rented out my fully furnished apartment to tenants who were worried they would damage it (they have children). I did them a favor and stored it for the duration of their lease. Who is responsible for moving it back in? The contract says the home is furnished and has a detailed list of all the... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 24, 2022

You are.

1 Answer | Asked in Child Custody for New York on
Q: Could my sister lose in court custody because she works midnights?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 23, 2022

No.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Am I allowed to withhold rent in new york state due to unfixed flooding

I notified my landlord of flooding in my room in may it is the middle of June and it is still not fixed. My furniture has molded and had to be thrown out due to the flooding. I now have nowhere to sleep and the issue is not fixed. Can I legally withhold rent until they fix the flooding and give me... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 20, 2022

You can withhold the rent. However, if the landlord takes you to court to evict you and obtain a judgment for the rent arrears, the court may award you only a partial abatement of the rent for the portion of the apartment that constituted a breach of warranty of habitability and the landlord a... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I go about a subpoena I received regarding a old apartment I lived at it say I owe money cause I broke my lease

I need some some help I received a subpoena regarding a old apartment I live at that saying I have to answer a questionnaire and that I owe them money for a back rent for me breaking my lease, I did break my lease but it was due to there negligence the apartment was infested with bedbugs my... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 18, 2022

Sounds like you received an information because your former landlord already obtained a judgment against you.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a tenant/employee. In March I got a notice to move out June 30. I’m still working there. Should I pay rent ?

I’m still an employee at my job and live upstairs from work. I get paid bi-weekly and didn’t get paid may 26 .. on June 9 I got paid one paycheck. Should I pay July rent

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 16, 2022

If you move out June 30, you wouldn’t have to pay rent for July.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: can a guy that's dating a girl who pregnant and not the father sign the birth paper as if he was.
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 13, 2022

Yes. However, by doing so, he will be responsible for child support for the child until the age of 21.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there any possible way to get away from my mentally and physically abusive mother? she cant support us three kids.

My mother is constantly yelling at us kids. She can not support the three kids she has. My father can support me and those living with him. My mother won't even let me bring him up in a conversation without her getting angry. Please help me. He is trying everything to get me but there's... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 22, 2022

Your father will need to file a petition with the Family Court in the county in which you live. Your father could contact the court to have them send him the petition or get a copy online at the NY courts website. The Court will give more weight to your desire to live with your father if you are a... Read more »

1 Answer | Asked in Child Custody for New York on
Q: I was not aware that I had a custody case order in effect from 2014. Neither of us went to court thought it was closed

I was not aware I needed court permission to move. My ex was okay with the move for the first 6 months of relocation. He was the one who funded and moved our belongings, he was my reference for the new apartment, he paid the rent as part of the child support, he was 100% ok with the move. The move... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2022

You should file a modification petition seeking to relocate with your son. I would advise you to speak to an attorney.

2 Answers | Asked in Child Custody for New York on
Q: I’m going for custody trial it’s worth to get a lawyer to represent my case , I feel my legal aide from court is not
Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2022

It always is better to be represented by a lawyer, especially if there is a trial.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Living in “Seasonal” home all year without knowing ….

I live in Cairo, NY in an extremely small cottage for the last 4+ years and since I have moved in, I have questioned my landlord why my heating bills were so high and he said it was just the cost of electricity. Then recently, my landlord mentioned that this place used to be a resort which finally... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 15, 2022

I would think that if it truly was illegal to rent the cottage as a year-round home, the Code Department would issue your landlord some kind of citation or prohibit him from continuing to rent it out as a year-round home. You could try taking your landlord to small claims court if you feel you are... Read more »

1 Answer | Asked in Child Custody for New York on
Q: How do i give back custody of a child to her father.
Sandra M. Colatosti
Sandra M. Colatosti
answered on May 14, 2022

More information is needed to answer this question. For example, does he want custody? Are you the child’s mother? Why do you want to give custody back to him?

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