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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Should an unwed mother file for sole custody as a preventative measure?

My friend and her boyfriend had a child (born in SC - just over a year old) and they have since broken up due to some domestic violence issues. He was arrested for possession of drugs and a weapon and is in jail waiting a trial date. My friend has moved back home to New York but has not been able... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 29, 2022

No. The mother's better course is to do nothing. If the father petitions, then the fights begin. The mother should not start a confrontation when one is not needed.

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

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 28, 2022

Non-consecutive means not in a row. Normally that would mean 3 separate weeks, however, it can br intertpreted to allow 2 consecutive weeks, but not 3. You should consult a local attorney to go over your specific matter.

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1 Answer | Asked in Divorce for New York on
Q: My husband abandoned me seven years ago. II believe he is remarried. What should my course of action be?

I do not know where he resides. We do not own property together or have children.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no... Read more »

1 Answer | Asked in Divorce for New York on
Q: change of Venuer

I am disabled,live near acourthouse in the same NYS Unified Court system, different county, Dont drive 3hours of public transportation required NY subways mostly inaccesible

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

There is no question posed here. However, assuming the question has to do with how to change venue, the asker should retain counsel. The process involves filing a motion with the wrong court asking it to transfer the case to the correct court. Reasoning has to be "legal"; witnesses are... Read more »

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Michael David Siegel
Michael David Siegel
answered on Jun 27, 2022

I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Jack Mevorach
Jack Mevorach
answered on Jun 27, 2022

Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.

Jack

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1 Answer | Asked in Child Support for New York on
Q: My support is reduced each month by $25 to cover the wire fees. Is this permissable?

We live in New York City. If not stipulated in the agreement is the father allowed to reduce the support for any reason?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jun 27, 2022

If there is no provision in the order to reduce the support to cover this fee and you never agreed to this, it is not permissable. The non-custodial parent owes the full amount.

1 Answer | Asked in Public Benefits and Family Law for New York on
Q: what are my options if custodial mother on public assistance doesn't wanna work
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 26, 2022

Poverty is no consideration when custody of a child is involved, and the young father must support his child under threat of jail. The mother is free to work or not work. However, if the mother goes on welfare – or what we know today as welfare after the Clinton administration – the department... Read more »

1 Answer | Asked in Business Law for New York on
Q: Can I ask questions regarding business issues

I want to know what would be the best route regarding necessary actions. A business was sold without paying every partner.

Jack Mevorach
Jack Mevorach
answered on Jun 25, 2022

Other than stating that every partner was not paid, you include no other facts. Try to avoid litigation. Have a free telephone consultation with counsel.

Jack

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 Consumer Law, Foreclosure, Civil Litigation and Collections for New York on
Q: Can a default judgment be enforced, if the defendant was never served, the complaint was filed in another county?

The counsel who filed the complaint, is different from the counsel seeking to enforce the judgment. The plaintiff has been out of business for years, and the counsel has many complaints by defendants, for fraudulently claiming proper service to said defendants. I am unsure what recourse I have... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 24, 2022

1. Different counsel? Not relevant. Happens all the time.

2. Plaintiff out of business? Irrelevant, if lawyer represents Plaintiff. Winding up corporation is collecting debts.

3. Recourse? Make motion in court that entered judgment to vacate on improper service.

4....
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord increase rent by 700 dollars?

Landlord has increased rent by 700 dollars in the span of 2 months, most recently they increased by 500 dollars this month and only gave a 15 day notice. They said that if we do not pay the full amount then we should start getting ready to be evicted.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 24, 2022

If a residential tenant in New York resides in an apartment that is not rent regulated and does not have the protection of a current lease, there is no restriction on the rent a landlord may charge. However, if the landlord seeks to increase the rent 5% or more, the landlord must provide the... Read more »

2 Answers | Asked in Immigration Law for New York on
Q: Can I help my wife obtain a green card if I’m disabled on a fix income ( ssi income)?
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

Since you are a US citizen sponsoring your wife, you must file an affidavit of support, even though you do not have sufficient income. However, you will need a cosponsor, someone who has sufficient income and who was either a green card or US citizenship. This person who has to be presently... Read more »

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1 Answer | Asked in Car Accidents for New York on
Q: Veh ins co is asking me to sign a doc authorizing them to retrieve/retain veh data with no specifics do I sign?

The document states the date of the accident in which I was struck at a red light, but it does not specify a time and place. I do not want them retrieving anything else that does not pertain to the accident as this document states they can look at information prior to, during, and after the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2022

It could be difficult for an attorney to advise either way without seeing the form. Your concerns about an open-ended authorization with no specifics, or a limitless scope of information retrieval are valid. One option is to review the form with an attorney. Good luck

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 Health Care Law and Employment Law for New York on
Q: Hi, My name is Aina.I just got fired from my job because of my health condition. What should I do?

Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can the landlord kick me out? In the case the landlord can, how much time do I have to leave?

The landlord has been complaining about noise after 11pm. They live below, but sometimes we may get up at night to use the bathroom. The landlord is threatening up for months about having to leave. We installed foam flooring and a rug to help absorb any possible noise. This is a month to month... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 22, 2022

Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Management made the super knock on my door for the rent. That is a private matter that the super shouldnt know right?
Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 22, 2022

Wrong. There is no requirement that truthful information regarding rent arrears be withheld from employees working on behalf of the landlord.

1 Answer | Asked in Immigration Law for New York on
Q: I am in a pending status for I-485 , through approved I-140, can I keep using Insurance that was provided by the school?

When I was in f-1 status my school provided insurance info for students. So I used it when needed. Now I am waiting for the EAD and after tat green card, can it affect it somehow?

Yohan Zingile
Yohan Zingile
answered on Jun 21, 2022

When you state that you use it do you mean that you enrolled in the school insurance plan for international students? In any case using your school insurance plan would not affect your eligibility for green card or EAD.

3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 21, 2022

I do not see a patent issue here. Your list of legal topics did not include trademarks which is most likely the form of intellectual property that you should consider. For purposes of providing an introduction to vocabulary and not as a source of legal advice -- you could start with... Read more »

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