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New York Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Elder Law for New York on
Q: Is there a time limit that a will should be settled by an appointed executor?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: I’ve been divorced for 5 years. My ex wife still calls me to tell me my daughter is rude to her and I need to handle it

This has become harassment because it is constant. Is there anything that I can do?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

To constitute harassment, there has to be some criminal intent, especially for the crime of aggravated harassment (using the phone to do so). However, in the general sense it is used, that she is being a bother, the question is what is your relationship with the daughter? Are you exercising... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Are all higher earning spouse always has to pay spousal support? Even in relationship abandonments situation?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

The spouse with more earnings is not necessarily always obligated to pay spousal support, although that is essentially the presumption. In fact, you can find out how much the recipient spouse would be given, at least temporarily while litigation proceeds, by a calculator available from the Office... View More

1 Answer | Asked in Tax Law, Divorce and Family Law for New York on
Q: How does my husband change my last name before we get a divorce as well as put stuff under my name tax returns go back y
James L. Arrasmith
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answered on Jan 8, 2024

To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then... View More

2 Answers | Asked in Family Law and Child Support for New York on
Q: My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.

My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Please, what is the statute of Limitations for filing an action to set aside a divorce agreement in NY? Can you cite it?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: Please, what is the statute of Limitations for filing an action to set aside a divorce agreement in NY? Can you cite it?
Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Six years, but you are not merely seeking to void a "divorce agreement." You are attempting to undo a very detailed proceeding by the Supreme Court to ensure that everything was done properly and consensually. Even if timely, you may be blocked anyway if you benefitted from the divorce... View More

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I asked a pediatrician to note in my daughter's medical record that her mother was breastfeeding her while drunk.

I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the... View More

Peter Christopher Lomtevas
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answered on Jan 1, 2024

Rigging a family court case against the opposing parent is a very dangerous step to take in a quest for the custody of a child. This question shows how the asker plotted with the child's pediatrician to set up the mother in a future custody case. The pediatrician's defense if any will be... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I am filling out an emergency hearing for custody. The original case was filed in fl. The kids live in ny now. We are f

Filling out the jurisdiction affidavit to file in ny. The affidavit gets filled out to ny? Yes/ no?

Peter Christopher Lomtevas
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answered on Jan 1, 2024

We are not certain what the asker means by a "jurisdiction affidavit." If he means a form UCCJEA-3, then certainly this form is filed with a New York family court as part of a modification petition of a foreign state's custody order.

The asker must be aware that the UCCJEA is...
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1 Answer | Asked in Family Law for New York on
Q: I have full custody of my daughter and the mother has visitation rights.

My daughter is 12 years old. Her mother is suddenly back in the picture after 8 yrs. My daughter and I are hoping to move to Fl. What are the steps I need to win our relocation case? How would I prove moving to Florida is the best interest of my daughter?

Peter Christopher Lomtevas
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answered on Jan 1, 2024

Perhaps the single most critical factor for an asker to understand in any relocation case is that the prior absence of a parent is no guarantee of relocation success. Any family court is a reunification court, and to tell a court that a parent was absent is to force reunification. Once that factor... View More

1 Answer | Asked in Family Law for New York on
Q: I need advice on my relocation case

I work as an independent travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.

The mother has every other weekend visits with my daughter.

To... View More

Ghenadie Rusu
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answered on Dec 31, 2023

To relocate you must demonstrate that relocation is in the best interest of the child. That means the move will significantly benefit the child's overall well-being. This can include:

Improved Living Conditions

Educational Opportunities

Health and Welfare...
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1 Answer | Asked in Family Law for New York on
Q: I have full custody of my daughter. Her mother has visitation rights.

What is the process and steps needed to prove moving out of state is the best interest of my daughter?

Ghenadie Rusu
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answered on Dec 31, 2023

Demonstrating that relocation is in the best interest of the child in a custody case involves presenting evidence that the move will significantly benefit the child's overall well-being, including;

Improved Living Conditions

Educational Opportunities

Health and Welfare...
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2 Answers | Asked in Divorce and Family Law for New York on
Q: If I had a separation agreement signed and notarized, but not court approved, can I change my mind about the stipulation

My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be

Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 28, 2023

A separation agreement, if properly executed, is enforceable. It does not have to be approved by the court. You can enforce it through a divorce action or a plenary action. However, you can not unilaterally toss it aside. If you start a divorce action, your spouse can seek to enforce the terms... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I’m looking for a good legal aid attorney to help me with custody for my two nephews who are 5 and 3 years old.

They are being physically psychologically and enotionally abused and neglected by their mother and they currently live under my roof. Cps has been involved but they are closing the case and saying it’s unfounded even with evidence in picture and video footage. I have a picture of he whole hand... View More

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2023

The child custody and family law attorneys here could advise best, but your question remains open for a week. Until you're able to consult with someone knowledgeable in the field, here's a link to Justia's resources for New York City Legal Aid & Pro Bono Services...... View More

1 Answer | Asked in Tax Law and Family Law for New York on
Q: Can my kids dad claim them on his taxes If I don’t agree?

My kids dad lived with us till about 6 months ago . We’re not divorced yet and I don’t work . He wants to claim the kids and keep the $ . I told him he can’t claim them . Can he with out my permission?

James L. Arrasmith
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answered on Dec 25, 2023

In situations involving the claiming of children on taxes, the IRS has specific guidelines. Generally, the parent who has the children for the majority of the year has the right to claim them as dependents. This is often referred to as the "custodial parent."

Since you mentioned...
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2 Answers | Asked in Divorce and Family Law for New York on
Q: My ex husband filed divorce in New York where he lives I live in Tennessee. How can he send me the final divorce decree?

He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

I assume that by "divorce papers" you mean those papers to start an action in New York for divorce, not an actual divorce decree, which would be a done deal. To sue you for divorce as a resident of a "foreign" state, the Supreme Court in a matrimonial action may exercise... View More

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2 Answers | Asked in Divorce and Family Law for New York on
Q: My ex husband filed divorce in New York where he lives I live in Tennessee. How can he send me the final divorce decree?

He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.

Howard E. Knispel
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Howard E. Knispel
answered on Dec 23, 2023

He is not being truthful. He can send the divorce judgment through the mail just like any other document. We usually send the judgments to our clients by mail. You can contact the county clerk in the county where the Divorce was granted and get a copy but you may be required to provide... View More

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1 Answer | Asked in Family Law for New York on
Q: Hello, I have recently found out the father of my son who has been my boyfriend of 10 years, is married since 2017.

He has been living a double life and cause caused me severe emotional damage and trauma and our whole relationship has basically been a fraud. I would like full custody of my son because I believe he is not a trustworthy person anymore, I don’t feel safe if he is with my son. He does not know... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 21, 2023

You can petition in Family Court for custody. Depending on the facts, what is in the best interest of the child, the court will grant custody. As for the money, you would need to sue him in State Supreme Court as Family Court does not have jurisdiction over regular debts.

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.

I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2023

This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it a violation of custody order if one parent purposely excludes the other parents info on therapy info forms?

Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the... View More

Michael J Stachowski
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answered on Dec 16, 2023

This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to... View More

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