You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.
Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.
You can sell it if there is no prohibition in you divorce decree or the stipulation you entered into (if there is one). The divorce dissolved the ownership by husband and wife. Of course anyone that buys your half would have to wait the 3 years for the house to be sold.
After an initial court date for visitation order, we were asked if we wanted to go to mediation. During the mediation we both agreed to the visitation schedule. The mediator drafted the document with the partial agreement between both parties before sending it to the court. Three days after, one... Read more »
Unless the agreement was placed on the record in front of a judge and both parties agreed to it on the record then the agreement is not binding.
The answer depends on whether or not you want to use a lawyer. If you are going to be represented, speak to the lawyer and he can get an extension to file an appearance and negotiate other things on your behalf (even if you go in just for a consultation, many attorney will make a call to the other... Read more »
My ex and I just split and he is trying to get a lot of stuff but he hasn't seen his other daughter in a year and 3 months but is taking me to court to see our daughter but doesn't care to see the other one
"Abandonment" is a legal term that only applies to neglect cases. The fact that the father does't see his other child has no bearing on his right to see the child he has with you.
Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for another divorce in the us after the divorce is granted in another country?
Once the divorce is granted overseas, she may not file for a divorce in the US. However, if the foreign court does not deal with custody or child support she can file in the US for those things. There may be additional things she can file for depending on the state in which she files.
My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »
There is no way to answer this question at this time. Before anything can be decided, everyone will need to see the results of the mental health evaluation. Once that is read, then you can see where the case is going. Based upon what you have indicated, it is highly unlikely that there will be... Read more »
His father says he feeding him what he gives the other kids in the house. Then the father also says it didn’t happen with him. The vomiting and diarrhea has happened multiple times after the visits. What do I do?
It sounds as if your child is nervous or anxious about something. After taking his to the doctor to be sure, you should get him into therapy to help your child with their nervousness.
My ex-wife, a Chinese citizen, wants to renew my daughter's U.S. passport in China. My daughter isn't a Chinese citizen, she's an American citizen, but is living there under a visa in my ex-wife's name. In order to renew the passport, she needs my help because I'm an... Read more »
There are no ramifications except that your wife will tell your daughter of your refusal
He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.
As noted by both the attorneys who answered your question you have to live in NY for a minimum of a year. However, you can immediately go to family court and bring a spousal support proceeding based upon your current residence.
My divorce agreement states I will provide dental care to my ex and the child. I have done so for 40 years, and also to her new husband, their daughter, and now her husband. Now she wants me to pay for her care since I am retired. The agreement only states I will provide dental care for her and the... Read more »
The answer depends on your agreement. Usually, there is a cut off time for most coverage. For children the cut off is usually the age of 21 or graduation from college. For a spouse, there is usually a time limit (i.e. 20 years, or retirement, etc.). You should review your agreement to see what... Read more »
My ex and I have a joint custody agreement in NY state. We are both given two non consecutive weeks vacation time we just have to inform the other 45 days prior. I let her know I wanted to take him to Disney World more than 45 days notice. I have a recording of her saying okay. She recently told me... Read more »
The only thing you can do is bring on an Order to Show Cause in Family Court to see who has priority in deciding the time. If there is no priority, you have have a better claim if you gave your dates first. What you should do is take yoor Judgment and any divorce agreement to an attorney and go... Read more »
It is most unfortunate what is going on. In regard to child support, you can bring on a petition to terminate or suspend support however the reason that your son refuses to see you must be one that is not your fault. If you did something that caused his behavior your child support will not be... Read more »
You can file a violation of support petition in Family Court for spousal and child support or you can file a motion for contempt in Supreme Court.
I am daughter am entitled to know of his actions. Yet, no one informed me.
Notices of appeal are served on the attorneys on a case. It is up to the attorneys that represent parties to notify their clients. In a criminal case, you are not a party so you would not get notice.
You can contact the local bar association for recommendations to reduced fee attorneys or a list of pro bono providers in your area. If there is an issue of custody or visitation, you can file and serve a summons and then file an RJI (request for judicial intervention) and ask the court to... Read more »
It can be referred to the DA by the Family court judge but is almost never done.
My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... Read more »
That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.
It’s not safe to bring my 1 year old to a jail with the virus going on. He’s threatening to take me to court if I don’t bring my child there.
It is possible to get visitation in a prison. However, your first problem is to establish paternity. Without paternity being established the courts will not order any type of visitation or contact.
The court date the Judge gave is July 12. One of the emergency conditions was having my husband pay my legal fees. The others were Temporary Maintenance for me and my son. I am in a terrible position as a was never granted any form of financial relief or any other assistance from the old judge and... Read more »
It sounds as if a motion for pendete lite relief was filed. What that means is that you are asking for all of those things but they have not yet been granted. Unfortunately, the courts are still working on limited schedules due to the pandemic so you will have to wait until July to see what... Read more »
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