I am very sorry to hear your are going through this.

To answer your question, yes, you can most certainly send a letter to the judge and the district attorney. In fact, you could even call the district attorney, or the assistant district attorney assigned to the case, and ask to meet with... View More

In New York, there are a number of harassment laws. Generally such laws prohibit a wide array of activities intended to harass, annoy, threaten, or alarm people.

If this 19 year old is threatening and engaging in behavior that would cause a reasonable person to feel annoyed, then at the... View More

It is difficult to answer this question without a little more information. When you that you gave your sister custody of your child, I am curious as to whether a court order was involved. For instance, did you both come to an agreement and was the agreement then made formally part of a court order?... View More

It is difficult to answer the question without more information. The issue of emancipation depends on a variety of factors. One of those factors is not whether the party has an explicit desire to be considered emancipated.

Under New York law, emancipation prior to age 21 may occur if the... View More

Under CPL Section 170.55, an ACD is an adjournment of the criminal proceeding against the defendant for a certain period of time -- at the end of which, the charges against the defendant will be dismissed. The defendant is required to "stay out of trouble" during the adjournment period or... View More

If a man's pregnant partner seeks to have an abortion, the father's consent isn't legally required. A woman may choose to terminate a pregnancy against the objections of the father. The Supreme Court addressed this question in Planned Parenthood v. Casey and found that the father... View More

I am very sorry to hear about this and very much admire your courage in discussing this matter.

For sexual offenses, the statute of limitations is five years after the last incident and begins to run when you turned 18 years of age. There are also possible exceptions where the statute of... View More

Because crypto-currencies are pretty new, I doubt there is case law which directly relates to that form of a transaction. As it relates to food, clothes, an iphone, etc, Initially, I assumed the court would interpret this as being within the statutory definition of a fee. However, there is a case... View More

Under New York’s Penal Law 140.10, trespass in the third degree requires simple trespass along with the allegation that the accused unlawfully remained in an area which was fenced in or otherwise enclosed so as to exclude intruders. Trespass in the third degree is a class B misdemeanor.... View More

tough to speculate without more facts, but with a history of dv and with any recent incidents, you could attempt to obtain a type 1 order of protection. But this probably would not prevent the father from being granted at least some visitation. The age of each child will be relevant to the final... View More

If you are looking for the form, send me an email and I can send you a template form.

My email is "andrew@tabashnecklaw.com"

Make sure to put on the subject: "190.50 Motion."

Andrew Tabashneck

(716) 898-0849

Tabashnecklaw.com

It is difficult to answer your question without more information. For instance, the exact charge (petit larceny?), the amount the police allege to be stolen (over or under $1,000?), and it is very important to examine the accusatory instrument. I would certainly urge you to at least speak to an... View More

Based on the limited facts you have described, it seems best to file a petition for custody. It is possible the court could order some amount of limited visitation if the father shows up and argues strongly in favor of it. Although considering that he has played no role in the child's life,... View More

First, I assume you are referring to paying child support.

Most likely, yes, you still have to pay.

Based on the limited facts provided, the best course of action is probably to bring either a "show cause" hearing, a petition relating to contempt, or a custody petition.... View More

New York State does recognize common law marriages from other states. To get the marriage annulled, you must show the marriage is void or voidable. A marriage is void if it is incestuous or bigamous. A marriage is voidable for lack of legal age, incapacity to give consent for want of understanding,... View More

There is no way for you or the court system to force the father to visit the kids.

New York statutory rape law is violated when a person has consensual sexual intercourse with an individual under age under age 17. If you are not engaging in sexual intercourse, which encompasses a number of sexual acts (none of which you have described), then you. have not violated the law

based on the limited description here, it could be a good idea to file a petition for a show cause hearing and check off the box stating that the child is not to be taken outside of the state. Based on what you have described, however, it's not clear where the mother is moving. Regardless, in... View More

You may obtain a divorce in the United States even if you were married overseas. However, in order to do this, your marriage must have been valid under the laws in the jurisdiction where you were married and you must serve legal notice of the divorce proceedings to your spouse’s current address.... View More

You would need to show the relocation to Florida is in the best interests of the child. In other words, the move would offer financial stability, there would be sufficient social support, perhaps better schooling, or other factors that relate to being in the child's best interest. In this... View More