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Questions Answered by Lawrence Allen Weinreich
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.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: If my kids were taken out the country with there mother without my consent and we have joint custody?

I'm asking because I have reason to believe she has. She asked me to sign some papers, I asked her where she was going. Here response was it's none of my business.

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

If you are divorced, you need to consult your Stipulation and/or the Judgment of Divorce. Is there a prohibition on either or you leaving the country with the children. If there isn't' then each of you can take the children out of the country for vacation (not for relocation). Next you... Read more »

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2 Answers | Asked in Divorce for New York on
Q: During divorce my wife transferred our marital property to her sister’s name. How will this effect me?

My wife was served divorce paper on July 20th. I filed my divorce on June 30th. And she changed property deed on July 5th.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 25, 2022

It will not make a differece in the end. Transfers of marital assets without fair consideration are charged against the party making the transfer.

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1 Answer | Asked in Family Law for New York on
Q: please see details. what should i do?

I received a notice of entry by mail from the petitioner's attorney with the incorrect reference to the case at hand. the attorney refered to the case in the notice of entry letter as an "order of protection" instead of a "temporary order of visitation". what do I do about... Read more »

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

You don't have to do anything. Notice of Entry is important only for appeals. Since the order is only a temporary order - one that can change later on, nothing has to be done, the order is clearly a visitation order not an order of protection.

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: Is the absence of a non custodial parent, reason enough to change the child’s last name to that of the custodial parent?

Non custodial parent has not made contact in a year. They have a history of disappearing for years at a time.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 11, 2022

The short answer is no.

1 Answer | Asked in Divorce for New York on
Q: Alimony arrangements

Wife works; I'm disabled. Our adult daughter lives with us and will live with wife once we're divorced. Does my daughter's income figure in alimony arrangements? They'll have two incomes and I'm on disability.

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

Your daughter's income doesn't have anything to do with alimony

1 Answer | Asked in Divorce for New York on
Q: What does RJI pending mean in uncontested divorce

No assets

One minor child

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 16, 2022

It means that the RJI hasn't been filed yet.

3 Answers | Asked in Family Law for New York on
Q: Good morning I had a fire and I let my daughter stay with her father to go to school now he doesn't want to give her bac

I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do

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

You didn't make it clear if there is a custody order. If there is such an order, the order controls until it is changed by the court. If you have custody and you voluntarily allowed your daughter to live with the father for a period of time and then picked up your daughter, you cannot be... Read more »

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1 Answer | Asked in Divorce for New York on
Q: Can the alimony-paying party in a divorce just stop working out of spite? Or "retire early"

i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"

I'm on disability. Spouse is the working party

Online calculator says $800/mo alimony

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 6, 2022

If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.

1 Answer | Asked in Family Law for New York on
Q: After 3 years our family court lawyer has been changed and we are worried about the outcome and our representation

We are unsure of what to do our previous lawyer already had a plan for dealing with the person who keep petioning us now he is supposedly unavailable and trying to explain 3 years of family court petitions in which every one that was filed was dismissed and absolutely immature ridiculous false... Read more »

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

The new attorney will get the full file from the old attorney and the attorneys can discuss the case and the plan the original attorney had so there should be no problem

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: Can an unwed mother from NY move with a their baby to another state or territory without the fathers consent?

Baby is 3 months old

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 6, 2022

Mr. Lomtevas summed up the state of the law pretty well. However, what the question does not supply is the status of the father. Did he sign an acknowledgment of paternity or not? If it isn't signed, notarized and filed, under NY law he is not the father. He would first have to go to... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New York on
Q: How to get full custody when I have no income, lawyers and the father is abusive but I cannot prove? What’s my rights?

I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 5, 2022

To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... Read more »

2 Answers | Asked in Family Law for New York on
Q: Can I file for emergency custody in NY if my ex has taken my son to Pennsylvania and refuses to let me see him?

He scheduled a custody consultation in Pennsylvania and is trying to take him from me even though my son has been living with me for years.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 6, 2022

This is a complicated question as you haven't indicated if you have a custody order. If there is a custody order, then modification of that order would have to be in the state where the order was granted (unless neither of you live there anymore). If you have a NY custody order, you should... Read more »

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2 Answers | Asked in Family Law for New York on
Q: I want to get a legal separation from my husband. Can I take my children on vacation during the separation?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Apr 4, 2022

Since you only want to get a separation, and there is no action started nor any agreements or orders in place, you each have equal custody of the children. That means that each of you are free to travel with the children at this time. That "freedom" can change depending on any... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Can I get the father on abandonment ? He has not seen his son and just put papers for visitation.
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 14, 2022

Abandonment only applies to a parental termination case brought by DSS. Unfortunately, visitation is a right to be exercised as the father wants just like voting. You can vote each year or skip it.

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2 Answers | Asked in Family Law for New York on
Q: Will a judge allow a father in the kids life if he has not been around for 9years .
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 14, 2022

Yes, however, the amount of visitation and duration will be something that has to be built over time.

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