Questions Answered by Lawrence Allen Weinreich
Q: Child Custody Laws Between New York and California
If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?
Unless there is an order of custody in someone else, the father would have primary rights of custody of the child. The father however may have to go to California to exercise those rights.
Q: Separated for 20 yrs. I ignored all divorce papers.He rested. RJI & recently got a judgement of divorce. Can I appeal?
2 adult kids
Unfortunately, you cannot appeal the divorce as you defaulted. You may be able to open the divorce up depending on all the facts. I suggest you bring all the papers and information that you have to an attorney and discuss with him in his office.
Q: Can an Indiana family court judge order hair and nail drug testing without proof?
The judge does not have jurisdiction to modify, just power to enforce.
This is not a NY question you need to post this as an Indiana state question.
Q: I am having problem with my baby mom, she doesn't want to put my name on birth certificate of my son and I cant see him.
She doesn't answer me anymore, when we broke up I still help her with the rent and another bills and now I suspended because she doesn't want to give my rights, what should I do ?
If you did not sign an Acknowledgement of Paternity at the hospital, then under the law you are not the father. The only way to get visitation, is to file a petition in Family court for paternity (to be declared the father) and another petition for visitation [these can both be filed at the same... Read more »
Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?
The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.
What would happen to the kid after the mom’s dead? How would the father establish his paternity... Read more »
What the dad needs to do is file a paternity petition in Family Court and name the mother's estate as the respondent and he needs to file a custody petition at the same time.
Q: How do I defend myself against my wife who wants an order of protection over false claims?
My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... Read more »
Unfortunately, there is nothing you can do except have a trial and allow the judge to decide who is more credible about the allegations.
Q: I am a US citizen and homemaker, my husband have filed for divorce. I want to apply for the immigration of my parents.
I want to apply for the immigration of my parents. For that joint tax returns needs to be submitted. Question while in divorce proceedings can I apply for my parents immigration based upon joint tax returns. We have a kid together. If their immigration application is approved before divorce; will... Read more »
This is an immigration question and should be directed to an immigration attorney. The only thing that I will say is that the immigration status of your parents will have no affect on child support and maintenance.
Q: Do I legally have to change my last name?
Can i still use my married last name even though it is ordered and adjudged that I am authorized to resume use of my prior surname
The Judgment of Divorce only gives you the rIght to resume using your maiden name it is NOT a requirement. Many divorced woman keep their married name so that it is the same as the children.
Q: Someone served with eviction papers & not on lease does not want to leave apartment.
He moved into daughters room without my permission. wont leave. should we call the cops for trespassing
You should talk to a landlord tenant attorney and bring the lease with you, as your remedies depend on what the lease says about your tenants rights.
Q: I been married for 5 years. I just found out that my husband married me for papers. What are my options ?
1.I been married for 5 years. I just found out that my husband married me for papers. What are my options ?
2.Is his credit cards debt and loans taking while married are joined debt ?
3. How can I get support or alimony in divorce ?
Sorry for your situation. You can try to get an annulment of the marriage, get a divorce or stay married. If you opt for a divorce, your husbands debts and loans are marital debts if used for the marriage, if for something else it may be his debt alone, you would have to discuss that with an... Read more »
Q: What can i do if a roommate (daughter) does not want to leave after eviction notice date?
Does not pay rent, has brought her boyfriend to move in with her, does not contribute to the household, lost her child due to her boyfriend sexually advances (undressed in front of her while she was in bed in a room alone). both served with eviction papers more than 30 days ago.
This is a Landlord-Tenant question. In any event, if they were served with a notice to leave and have not done so, you have to go to the landlord tenant court in your county and begin eviction proceedings through the court.
Q: What do I have to do just fire them
If you have a paid lawyer, you can discharge them. An alternate way is to retain another attorney who will have you sign a form called "Consent to Change Attorney" which the new attorney will also sign and forward to the old attorney who will then sign the document. That is then filed with the... Read more »
Q: Do u have to go to the judge to fire the payed lawyer or can I just show up at court with a new lawyer
As noted in the other answer you can retain a new attorney who will take care of the paperwork to change your attorney and then they will appear with you in court.
Q: Do I have to do the same thing if it's a payed lawyer?
What is the whole question regarding a lawyer?
Q: If I’m 17 years old and I graduated high school. Can I move out without parent permission?
I live in Saratoga county, New York. The sheriff told me they passed a new law saying 17 year olds could move out without parent permission and without a problem. Help please!
I cannot give you an answer about law in Saratoga. however, if you move out of your parent's house without just cause, you can be giving up your right to have your parents support you until you are 21 (this includes paying for college).
Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years
I feel as though she isn't really helping me
You can request that the court appoint a new attorney for you but you need to have a good reason. That you feel that your current lawyer isn't really helping you probably won't be good enough for the judge. You might be better off sitting down with your lawyer and discussing your feelings and... Read more »
Q: Petitioning Family Court Alimony Child Support, new job 40% less pay. I am in New York State
Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »
The court uses past income as a measure of what it is you are capable of earning. To get a downward modification, you need more than just a reduction in income, you have to show that the reduction wasn't your fault and that you have tried to get a position with the same or more income.
Q: Petitioning Family Court for child support and alimony while your job was being eliminated. Court wants tax return prev
Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »
As noted in the other answer, you have to show that the loss of your position wasn't your fault and you have made extensive efforts to find equivalent employment to what you previously had with the same income.
Q: Why is the court system doing this?
I live in NY and I didn’t show up to court 3 weeks ago because the custody matter that I petitioned Against my daughters father didn’t matter anymore. The law guardian never liked me for no reason. The judge gave temporary custody to her fathers aunt (not blood related). And put and order of... Read more »
Based upon what you said, there was a court date and you didn't appear. You may have thought that the petition you filed didn't matter but you didn't withdraw it which meant the case was still on the court's calendar. On top of that, there may have been other proceedings going on. Once you... Read more »
Q: Can I sue my ex husband the father of my son after 16 years for arrears child support in NYS?
He stopped paying when the son was 18 y o.
The short answer is yes you can. The statute of limitations for back child support was increased to 20 years.
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