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Questions Answered by Lawrence Allen Weinreich
2 Answers | Asked in Family Law and Child Custody for New York on
Q: My ex has unsupervised visitation at a specific public place (mall) what happens if my family is at the same place?

My ex was awarded unsupervised visitation, but at a public place, which is a mall. Am I in violation of the order if my family members are at the same mall during the visit. Not in a supervisory capacity but simply present just in case? Being that it's a public place I'm unsure if this... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 2, 2023

If there is nothing in the order that prohibits you from being there then it is not a problem. However, no one should be hovering near your ex or there could be a complaint that this is interfering with the visitation.

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2 Answers | Asked in Divorce for New York on
Q: I have question regarding divorce agreement and my share of house. Separation agreement was 11 years ago and options?

Is there a way I can force her to give me my share 11 years later.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 1, 2023

Based upon the information given in your question, it is impossible to give you an educated answer. You have to read the agreement and see what is says about when you get your share. If you are still unsure, then take the agreement to an attorney and have him review it with you.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Hi, I hired a lawyer in my family court child custody case and now the judge says I am eligible for a court assigned

my attorney says he can't represent me anymore because the court pays little.

Can I pay the difference (credit card debt) if I want to keep her as my attorney

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 31, 2023

Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: RE Petition for Modification of Order of Custody or Visitation or Request for Guardianship? - Family Court

I asked for and was given the documents to file to request Guardianship of my grandson, of whom I have joint custody and primary physical residence of currently. It is a lengthy form with a number of questions that don't apply to me. Can I simply Modify the Order of Custody and Visitation to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 23, 2023

You already have joint custody with residential custody. If anything, the proper petition would be a modification though you haven't explained why a modification is necessary if at all.

2 Answers | Asked in Family Law, Domestic Violence and Legal Malpractice for New York on
Q: Why would I use an attorney provided by this judge ?

I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for New York on
Q: Family court judge left us homeless due to charges I pressed and other party retailate with a false OOP. Needing help

I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.

2 Answers | Asked in Divorce for New York on
Q: How can I get a divorce, but have no idea where other individual resides or what state they live in?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 4, 2023

It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Hello, If i start receiving my own SS will that affect my monthly maintnenace from my Ex?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 27, 2022

Unless there is a provision to that effect in the Judgment of divorce or your agreement, the answer is no.

2 Answers | Asked in Family Law for New York on
Q: Can a father sign away his rights?

Can a father in NYS sign away his rights? Leaving only 1 legal parent?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 19, 2022

A parent's rights can only be lost if the child is adopted or if the is a neglect proceeding where the court terminates the rights.

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1 Answer | Asked in Family Law for New York on
Q: In New York state does paternity have to be established for the father in order for him to sign his rights away?

My daughters father is not listed on her birth certificate and has not been involved in her 6 years of life. He wants to sign his rights away as her father. Do I have to establish paternity with the court first for him to do that?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 17, 2022

A parent cannot sign their rights away. The only way to lose your rights as a parent is have your rights terminated by the courts after a neglect petition has been filed or when the child is adopted.

1 Answer | Asked in Family Law for New York on
Q: Family Court listed my address to my abuser in a generalized letter to us both. I cannot afford a lawyer. What do I do?

My ex filed a petition to reduce his support that he doesn't pay anyway. I am a domestic violence Survivor and have a protection order from him. I went through a domestic violence organization to be relocated. Family Court listed my address on a letter sent to us both. I am extremely low... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 10, 2022

Check with the local bar association for programs that will provide attorneys at low or no cost to you. Also check with the domestic violence program to see if they can help.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: When a mother name her child with the fathers last name and leaves the father part blank on the birth certificate.

Does the father have legal rights after that? Not mentioning any courts. Just the birth certificate part of the question please.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 9, 2022

Unless the parents are married or if not married they both sign an "Acknowledgment of Paternity" or there is a court order naming the father, the "father has no legal rights to the child.

1 Answer | Asked in Divorce for New York on
Q: Am I able to file for an uncontested divorce and handle the custody/child support issue at a later time?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 8, 2022

The court will want all matters included in the divorce. You will have to deal with custody and child support at that time.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: Can I use photos / text messages as evidence ? Instead of a police report

I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 7, 2022

The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... Read more »

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 4, 2022

It is extremely unlikely that she would get custody (or that she is really asking for it). The most likely request is for visitation. in regard to visitation, she would have to show that she attempted to have a relationship and it was denied and that it is in the child's best interest to... Read more »

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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
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 31, 2022

You did not indicate what county you need an attorney in. If it is in Nassau County or thereabouts, I would be happy to give your daughter a complementary consultation on the phone or in person she calls 519-329-9600.

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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
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 31, 2022

There are a lot of unanswered questions in regard to your post. First are you the father by marriage or court order or by signing an acknowledgement of paternity? It none apply, then under the law you are not the father. If you are the father under the law, then the next question is how was... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Does my wife have to pay alimony or child support?

My wife has said she has filed for divorce. I’m on social security disability, my wife makes 4x what I make a month, am I entitled to alimony. Also, our 19 year old son lives with me, am I entitled to child support.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 15, 2022

Based upon what you have written, you would be entitled to maintenance. How much and how long would be up to the court unless you settle the issue. As to child support, you would also get that as long as you son lives with you until he turns 21 as long as he is in school.

1 Answer | Asked in Divorce for New York on
Q: Can my wife just come take whatever she wants?

My wife left me in feb 2022, she moved into an apartment in March 2022, she came and took clothes on 2 occasions and I even let her take some furniture. She said she has file for divorce. She now wants to come and take whatever she wants. I still live in the family home with 2 of our grown sons. Is... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 13, 2022

She can only take things if you agree to it otherwise the division of ALL assets are by court order or agreement.

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