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New York Family Law Questions & Answers
1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

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

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: My aunt passed away and set her will to pass with per stirpes rules.

One of her brothers predeceased her and since he was listed, his portion went to his son, my cousin.

My mother died after my aunt but before the estate was distributed.

The lawyer reached out to me 9 months ago to say that my sister and I would split mom's share. But calls... Read more »

Jack Mevorach
Jack Mevorach
answered on Sep 20, 2022

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Divorce and Family Law for New York on
Q: Ex- quit his job trying to stop spousal support. Can he do that?

I filed a order to “Show just cause” in Richmond county Staten Island Supreme Court. Court date is October 17th, to stop my ex husband to cut off my spousal support because he quit his job with the NYPD at age 54. He had 8 months to make 20 years.

He & his wife feels after his... Read more »

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

If your spouse quit his job or is intentionally working below his earnings capacity in an effort to avoid/reduce his child support obligations you should inform the court. Show the court your spouse's prior income through his tax returns, w2, payroll statements, etc. If your spouse is not... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for New York on
Q: My niece is here and is a mess, she is getting ready to go through a divorce. The husband has been seeing other women .

So they have 3 kids. She is planning on moving out and taking her eldest from a previous relationship with her and living at her mother's. The 2 youngest have severe allergies and have to stay with the Dad . She wants to know since he makes a lot more money then she does will she need to pay... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 14, 2022

First and foremost I suggest that she have a consultation with a family law and divorce attorney immediately. The receiver of Child Support is determined by who has primary physical custody and the amount by a formula. I caution it is a risk that if she leaves the two children behind there could be... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.

Their mother... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 11, 2022

You can not simply "terminate your rights". Only Child Protection Services (ACS in NYC) can do thatnor you can be terminated if someone elsecadopts the children. If your rights are legally terminated by court order your support obligations terminate but not any arrears you owe.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I cared for child since moved in my home at week old because mother wouldn't mother lived in home as well she took child

Won't let me see child been 21 days my lawyer hasn't done nothing and childs lawyer hasn't

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 8, 2022

You can a petition in Family Court for visitation

1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

1 Answer | Asked in Child Support and Family Law for New York on
Q: My daughter is 18 and graduated high school has a baby has job not going to college lives with mom can I stop support
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 5, 2022

You should consult with an experienced family law attorney. It is possible that you can petition to terminate your support if there is sufficient evidence to show that your daughter is effectively emancipated prior to the age of 21. But if you were ordered to pay support you cannot just... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: How extra marital relationship effect for child custody?
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 4, 2022

The fact that your spouse had an extra marital affair does not in and of it’s self render him/her an unfit parent. You should speak to experienced family attorney to determine if there are any aspects of the relationship, or the individuals in particular, that would impact the best interests of... Read more »

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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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Looking for a lawyer to represent my daughter. It's a child custody case where the father is a narcissistic
Kevin M. Colwell
PREMIUM
Kevin M. Colwell
answered on Aug 31, 2022

You are well served with an attorney experienced in the area of family law. I am happy to have an intake specialist contact you if you wish to provide your contact information. Message our firm if you are interested in a free initial consultation. This is a common characteristic in many of our... 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
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Aug 31, 2022

If custody was transferred via a court order, you may be able to petition for a modification of custody. It is unclear from your question whether your custody rights were ever terminated or whether mom had sole legal custody and your rights were never affected. There are certain criteria that need... 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
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 31, 2022

You have priority over the grandmother for custody. However, if they will not give the child to you, you will need to file a petition with Family Court.

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1 Answer | Asked in Family Law, Child Support, Civil Rights and Communications Law for New York on
Q: How can I get a court order to have visitation to my siblings?

I don’t live with my siblings anymore and a court ordered me to live with my dad and my mother won’t let me see them is there a way I can get a court to make my mother have to let me visit my siblings?

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

Your father could file a petition on your behalf or if you’re 18 you could file a petition

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 29, 2022

You should contact legal aid or some agency that can represent you for little or no charge or see if an attorney can be assigned to represent you.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 30, 2022

No one should be forced to work for free, and that goes for any profession, including lawyers. Your attorney deserves to be paid and does not have to agree to any payment plan. If he or she does it is voluntary on them. Find a way to pay them or find a new attorney.

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: I need help in fulton county.with big $$$$child support court then divorce. dss never went after deadbeat.need help

husband signed property over to one child when he has six children left five with nothing so I couldn't get it in a divorce has never paid child support through courts he's going to get away with it because I need help

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

You should consult an attorney.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: I have an order of protection against my girlfriend, but would like to be able to see my baby. How can I do it?

We had a domestic dispute last fall and she stabbed me. This was in Auburn NY. I have since moved back to the Bronx. She had our baby in June. She is in touch by text with my mom, but not me. She is open to visitation but in March, the judge in Auburn finalized an order of protection for 5... Read more »

Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Aug 25, 2022

You may file for an Order of Custody and Visitation in the County where the child resides if you are listed in the birth certificate. If not, you may need to start with a Petition for a determination of paternity then move on to custody/visitation. While the Order of Protection is in place, you... Read more »

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1 Answer | Asked in Family Law and Adoption for New York on
Q: Can I get free legal help because I am disabled in filling out and filing private placement adoption packet?

I would like to know if and where I could get low-cost or free legal help in this area? I am not elderly but permanently disabled and receive social security. I have received free legal aid in the past for taxes.

I have two children I have been caring for since May 2022. I'd like to... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2022

This is something a family law attorney would know about, but you await a response for four weeks. There's no guarantee all questions are ultimately picked up, but there's an "Adoption" category here (click "Show More Practice Areas"). You could try reposting and adding that category. Good luck

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

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