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Questions Answered by Mary Theresa Colwell
1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for New York on
Q: New petitions have been filed change of circumstances have been filed no initial hearing date for first appearance was

That was postponed to a trial continues to get postponed have not subpoenaed my girlfriend into court but want to question her they have no witnesses they have nobody to testify my girlfriend is supply drug test reference letters certificates custody orders in regards to her own children and they... Read more »

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Nov 21, 2022

If you are not represented by an attorney, I strongly suggest you consult with one immediately. If you are preparing for a custody trial where certified documents may need to be submitted, it is essential that they are done properly. An attorney can also move the process forward for you. You are... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: My ex-husband agreed to pay college and isn't. What state do I start the legal process?

My ex-husband agreed to pay college and isnt. Divorced in CO. My son and I live in NY and the father lives in Minn. My son attends college in NY. Where do I start the legal process?

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Oct 23, 2022

Yiu can initiate the process in New York state. You will need to obtain a Certified copy of your judgment of divorce or order that outlines the obligation to pay for college expenses. That then gets registered in New York State and we can pursue a violation from there. This is a matter my firm... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there a 3rd party in NY that can supervise a supervised visit with ex & child? Don't trust ex to complete paperwork

TX Custody order, ex moved out of state before supervised visits could be done.

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Oct 21, 2022

Yes there are agencies or individuals who supervise parenting time at least in the upstate region. Depending upon where you live, options are available but some charge for each visit. The benefit is that they provide an unbiased report of the visits if you need for court purposes.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 29, 2022

Were her rights terminated or did she simply sign over custody in court memorialized in a custody order? Parents’ rights to custody off their child is supreme to anyone provided she shows it’s in the best interest of the child and if there has been a change in circumstances (assuming her... Read more »

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1 Answer | Asked in Divorce and Family Law for New York on
Q: How is my situation?

Married for five years seperated after two years befor she come to usa now she want to divide my bank account she never added to or deposit any money we dont have kids she is working good

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 28, 2022

It is wise for you to make an appointment to consult with an experience family law and divorce attorney. Generally speaking anything earned during the marriage is considered marital property. Despite the fact that she may not have contributed to the account, the fact that you own an account between... 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
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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 »

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
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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
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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 Child Support for New York on
Q: My son is 18. He pays for his college tuition and dorm room. He works part time. Do I still pay support?

My son moved into a dorm room for college. He pays for his own food, and will only be living with his mother when school is done for the semester, Am I obligated to still pay child support here in NY. He pays for his own car and insurance as well.

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 2, 2022

You should consult with an experienced family law attorney. It is possible you can get a modification to pay only when he’s with mom or if appropriate, to terminate support if you can show he’s emancipated earlier than 21. The cost of any attorney to assist you should be worth the support... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How do I get an ongoing Criminal Court Order of Protection dropped by an ADA?
Mary Theresa Colwell
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Mary Theresa Colwell
answered on Sep 2, 2022

Once the State had brought charges, the prosecution of the case is in their hands despite you asking to drop it. However, if you contact the ADA handling your matter or the court’s victim advocate, you can request the charges be dropped or reduced to a violation without an OOP as a condition.... 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
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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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1 Answer | Asked in Child Support for New York on
Q: In my separation agreement, it says that my child support is paid based on a salary cap of $80k. Is this what they go by

Currently the salary cap is much higher than that. Will they go by what is in my agreement or what current law is?

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Aug 29, 2022

Assuming your agreement makes the proper recitations of respective incomes and the presumptively correct amount of CSSA guidelines is outlined together with waiver language for the downward deviation, the court will honor your agreement. But that does not mean that possible change in circumstances... Read more »

1 Answer | Asked in Divorce for New York on
Q: My husband file divorce under the staus that he doesnt know my whereabouts and spelt my Maiden name wrong, am I divorce?

He spelt my middle and Maiden name wrong.

Mary Theresa Colwell
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Mary Theresa Colwell
answered on Aug 27, 2022

You should consult with an attorney to research the status of the matter in the county clerk’s office

Of the county in which he filed. An amended judgment, if one has been entered already, can be requested based on the misspelling of your name and maiden name. He would have to provide a...
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3 Answers | Asked in Divorce for New York on
Q: do i need a lawyer to file for a divorce
Mary Theresa Colwell
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Mary Theresa Colwell
answered on Aug 26, 2022

You should most definitely consult with an attorney before filing for divorce. The laws require specific recitations to be made in order for agreements to be enforceable and there are time limitations that must be adhered to that a lay person may not otherwise know. You only get one bite of the... Read more »

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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
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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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