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Questions Answered by Lawrence Allen Weinreich
3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: If I take out an order of protection against my ex, who is an attorney, will he get disbarred?

I don't want him to lose his career, but he has harmed me physically, emotionally, and financially throughout our relationship and I want it to stop and I am afraid of him. I believe that an order of protection would be enough to stop his abuse, but I also don't want him to lose his... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 3, 2020

If you file for an OP in family court that is a civil matter and it will not affect his license. However, if he violates the order and gets arrested, then it becomes a criminal matter and if convicted of a felony, he would loose his license.

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2 Answers | Asked in Divorce for New York on
Q: how do I begin asking for a divorce. My husband has been verbally abusive for a long time now and I have had enough. I w
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2020

The best course of action is to have a consultation with an attorney and then retain one to guide you through the process and file all the necessary papers with the court and represent at all stages of the proceedings. You do not need your husbands agreement or permission to start a divorce.

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1 Answer | Asked in Family Law for New York on
Q: my child has court ordered visitation with his paternal grandmother but has been causing alot of confict with my family

i want to stop visits from happening because of some important issues we have been facing regarding toxic enviorment and my son doesnt like going with her but im forced to send him i dont know where to start with ending her visits

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2020

Since there is a court order, you need to see an attorney to go over all of the circumstances that led to the court order and the change that has occurred.

1 Answer | Asked in Adoption and Family Law for New York on
Q: Can a convicted felon in new york state adopt his girlfriends children

Our daughters live in friend would like to adopt her 7 children to protect them from the paternal families in the event of her demise. None of the bio fathers have been involved for over 9 years and 17 in some cases. What is required for adoption

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 17, 2020

If the fathers are alive you would need to get their permission.

2 Answers | Asked in Divorce for New York on
Q: Hello I already have a legal separation agreement file through court. How do I go forward with the divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 17, 2020

If you have lived separate and apart for a year AND followed the agreement, you can file for a divorce. You must still serve your spouse with the divorce papers but if all the issues (child custody and support, etc.) have been resolved, in your agreement then that serves as the basis for the... Read more »

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2 Answers | Asked in Divorce, Family Law, Adoption and Child Support for New York on
Q: Does remarriage and adoption end court ordered child support in New York?

My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 16, 2020

Remarriage does not end child support, adoption does as you are then the child of another parent.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: how can i

I was awarded full custody of my daughter back in 2010 in kings county family court I had been raising her myself up until 2016 when the mother came from Suffolk county and took her i did all the running around to courts ping pong for two years but nobody really took any action sufffolk county has... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 16, 2020

It all becomes a question of what orders may have been issued. If you still live in Kings County, go to family court and file a writ, the mother will have to appear in court with the child and if you indeed have a valid order, you will leave the court with the child based upon your order.

1 Answer | Asked in Family Law for New York on
Q: I have a post judgement NJ Court Order my ex husband has not complied with and I need to have it enforced in NY

My ex husband lives and works, he's a business owner in New York, NY

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

you can file a certified copy of the order in the county where he has his business at the county clerk's office and then start an enforcement proceeding.

1 Answer | Asked in Divorce for New York on
Q: Im going to file for divorce but i need to know if our custody/child support papers

Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

Send in a copy of the orders, they will be continued in the divorce judgment.

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: if their is already a custody paper set can i just send in the copy of that or do we have to go through that again

Im going to file for divorce but i need to know if our custody/child support papers that are already set will be fine to send in or will that have to be redone

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

You do not indicate who you are sending the custody order to. Once there is a custody order, you should get copies that are certified by the court and submit them where needed. For custody to be changed, there would have to be a petition or Order to Show Cause filed outlining the reasons why... Read more »

2 Answers | Asked in Divorce for New York on
Q: Is my spouse responsible for at least a portion of debts we accrued when married?

We have a personal loan under both our names and a loan on my deferred compensation under just my name. Took the loans out to consolidate our debts. We have no children and no other assets in question other than my pension and deferred comp. Thanks very much for any advice you can offer.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

Debts taken for marital purposes are marital debt to be shared. How they are divided is something to be negotiated or if you can't decide then it will be decided by a court.

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1 Answer | Asked in Family Law and Child Support for New York on
Q: My question is my Ex move from New York to Florida without any permission from the court it's been 14 yrs now I'm lost
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 9, 2020

You haven't stated what the problem is. If he moved alone without the children, he didn't need permission from you or the court.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Is my son's separated wife entitled to an insurance settlement I received after date of filing?

My son initiated divorce. Wife keeps rejecting settlement offers. After divorce filing, she destroyed a tractor in one of her multiple suicide attempts. My son is paying for the tractor that was acquired during the marriage. He grows the crops and cares for the animals. I own the farm and pay all... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 6, 2020

It is highly unlikely that any court would give her any of the proceeds from her deliberate act especially if the money is used either to pay off the tractor, fix the tractor or acquire a new one.

2 Answers | Asked in Divorce for New York on
Q: I have been a wife to same man 39 years. He know says he owes me nothing

He says no over time no shopping money. I have been taking care of him and the kids now no money can he do that?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 6, 2020

What you need to do is see an attorney ASAP and file a petition for spousal support in family court

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1 Answer | Asked in Family Law and Child Support for New York on
Q: My son is 8 month old and my son's father have only given me 700 towards him financially i already sent out the child s

Support documents to the family court my question is can i file for back payment when my case finally reach in court?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 3, 2020

Support will be retroactive to the date you filed the petition.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I make my kid's father give me their vital documents?

Recently had an emergency hearing to gain sole legal and physical custody of my children. Their father has been holding on to their birth certs, SS cards, and insurance cards and is refusing to give them to me. I understand I can order copies but this would cost extra money that I'd much... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 3, 2020

If the proceeding is over, then you would need to bring on a new action to get the documents if you have sole or joint custody. If the proceeding is still going, you can ask the court to order that you get copies of all the documents.

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1 Answer | Asked in Family Law and Child Support for New York on
Q: My children's father stated he got a letter raising his support from 734 a month to 1,100. I didnt

receive a letter from family court. He is refusing to show me the letter and is blaming me. Can family court up child support without both parties being informed?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 2, 2020

He got the letter because he has a right to object to the increase and go to court to fight it. If he doesn't challenge the increase you will be notified by support collection of the increase. If he goes to court, the court will decide how much the support will increase (usually its the... Read more »

2 Answers | Asked in Child Custody and Family Law for New York on
Q: With a custody order in New York already, how can another state end up with full jurisdiction

She took my boys to Arizona despite a custody order in ny stating she couldn’t. Then filed an oop and got emergency jurisdiction in az. Would Arizona be able to take permanent jurisdiction?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 2, 2020

If there is a New York order prohibiting the move without your consent or a court order, then you can file for contempt and enforcement of the New York order in New York. You should also file for custody and under the circumstances NY has not relinquished jurisdiction

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1 Answer | Asked in Family Law and Child Support for New York on
Q: I am living in NY and I give 60 dollars weekly in ChildSupport she’s asking for more but she doesn’t work at all

She also has 2 more baby father that aren’t helping her but she wants to take more money from me . How much would a court dictate me to pay if I take her to court for child support . Also she lives in Puerto Rico

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 25, 2020

Child support depends on your income, without knowing your income it is impossible to say what you would have to pay. Speak with an attorney to get a better idea of your situation.

2 Answers | Asked in Family Law for New York on
Q: I have a friend who’s 17 and her father said that he will still have control over her till she is 23. And will set up

A pins order and send her a way to a foster home till the age of 23. She wouldn’t be able to see her family members or noting. It makes no sense plus she is already in college

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2020

Unless placement is made before the age of 18, there is no PINS after the age of 18. Additionally, if placed before 18, then placement ends at the end of the 1 year placement.

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