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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Divorce for New York on
Q: Should my divorce paperwork have my maiden name or married on it for the courts.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 13, 2020

It should be your married name. The Judgment of Divorce will have a paragraph that allows you to resume the use of your maiden name.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Information about NY non-custodial visitation.

I have a visitation order in NY for my daughter i live in NJ , I haven't been successful in acting on it very much since the mother its not cooperating with the order . In the mid of 2018 i lost contact physical and digital with her and daughter and I've trying ever since i also filed... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

This was posted previously and answered. The process hasn't changed. If you are asking how much this matter will cost it would be difficult for any attorney to give you a figure as it all depends on how much time will be spent on the case and if there will need to be a trial.

1 Answer | Asked in Family Law for New York on
Q: Need help with kid being taken
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

There is not enough information provided to give a reasonable answer. If the child has been kidnapped then speak to the police otherwise call a local attorney to discuss the issue.

1 Answer | Asked in Family Law for New York on
Q: Could I get joint custody with primary and without leaving state if I have threating messages and more from her father
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

More information would be needed to give a more informed answer. However, if you are talking about primary physical custody (where the child lives) that depends on where and with whom the child has been living, who has been the primary caretaker and some other things. You need to speak to an... Read more »

1 Answer | Asked in Divorce for New York on
Q: Is it to late to file for the retirement benefits owed to me from my divorce in 2007? I was married 9 1/2 yrs.

Divorce was granted to Ex-husband by default.I never signed paperwork.He is 65 and should be retiring soon or could be retired.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 12, 2020

You need to have a provision in your divorce decree that entitles you to a portion of his retirement benefits. If there is such a provision, you need to have a Qualified Domestic Relations Order done and signed by a judge and then served on the retirement plan. Speak with an attorney about... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Joint custody & ex possibly exposed to Covid-19. Can I get a temp order of protection/withhold kids until she's tested?

My children's mother lives with several family member who recently returned from AL and did not do the 14-day quarantine as they should by NY law. I asked her previously to inform me when they would get back to prevent exposure to the kids and myself as I take care of my elderly parents.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

The courts will not issue an order of protection under these circumstances. As to withholding the children you can do that but be aware that you are in violation of a court order and it would be up to a court to decide if you had a reasonable excuse for violating the order.

1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Constitutional Law for New York on
Q: Is there a law that allows me to protect myself against state-mandated threat of infection to my life and my child’s?

Thanks in advance for your time.

I have an 8 year old daughter. Her mother and her partner are reckless about COVID-19 infection, attending protests, traveling on airlines, not wearing masks, not using sanitizer etc. By contrast, I have protected my daughter with every measure possible... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

Your choices are either not to have your daughter come to you or to go to court and ask for custody.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My friend said she's getting her wages garnished for child support when her only two children reside with her. How?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

Without more information it is hard to give an answer. However, if the children lived with the father and she did not pay support at that time she is in "arrears" and owes back money so there would be a garnishment, the same is true if there is an order of support that was never changed.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can i draw papers up to make sure my kids are in the best of hands if i pass?

I'm not married and worried about my youngest childs father if something did happen to me. Can i draw papers up so courts know what my wishes are and why?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

You can have a will done indicating your preference but you should know that a parent's rights to a child are superior to everyone else.

1 Answer | Asked in Medical Malpractice and Family Law for Puerto Rico on
Q: My son recently diagnosed with schizophrenia. He is 24. He lived in PR on his own since Jan 2016.

He had been evicted from two apts. Has no family to look out for him in PR. As the Mother I recently went to PR to file a petition to remove him from the apt. He was put in a psychiatric hospital for 1 week and was supposed to cone home to NY with me. After being released he did not want to take... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

This question is not a NY question. Since your son is in PR he is subject to the law of PR not NY. You need to speak with an attorney in PR to see what if anything can be done.

1 Answer | Asked in Adoption and Family Law for New York on
Q: I’m in buffalo New York, how would I obtain guardianship of my nephew.

There is nothing wrong with the home he is in. The school is better at my home

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

you would have to file a petition for guardianship and the parents would have to agree.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Custody for New York on
Q: Can My ex make me move back to NY?

My ex and i Start having problems on sept. And we agreed that i would have our baby in México where My family is and then he would go get us and return to the US (NY) but we Start having more problems once i confronted him for cheating on me so he text me i could stay un mx if i wanted and he... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

If the baby was born in Mexico, you cannot be forced to move back to NY. You also do not have to come back to sign any divorce papers. You should speak with an attorney about the divorce or ask the judge who has your case in the supreme court to appoint an attorney to represent you on custody and... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Family Law for New York on
Q: What happens if a father comes out positive for marijuana and the mothers test comes out negative can they take the kid

On a 3rd party calling child protective custody on family

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 30, 2020

The answer based upon the facts presented is no CPS cannot take the child. However, be aware that until ordered to do so by a judge, you do not have to take a drug test.

1 Answer | Asked in Divorce for New York on
Q: I’m divorced, and live in NY. My ex is trying now to change an account balance. He says he made a mistake on it.

Can my ex reopen our divorce because he said he made a mistake in his 401(k) balance?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 29, 2020

Its not an easy question to answer as more information is needed. How long ago did this happen? How big is the mistake? Why was there a mistake? These and other questions have to be looked at along with your stipulation. You should discuss this with the attorney that represented you in the... Read more »

1 Answer | Asked in Child Support and Family Law for New York on
Q: Child (over 18 ) moved in with me. Divorce silent on child support when roles reverse. Am I entitled to child support?

Child will be attending college full-time in the fall. Former physical custodial parent won't contribute for her support (divorce grants joint custody, but physical custody was with mother).

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 28, 2020

Yes you can go to court and request child support and contribution for college if you are paying for college.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My order ended on 5/12/2020 as my daughter turned 21, now I received an order to show cause, will it be restarted?

My divorce papers say nothing about continuing support past 21. I am the father and I filed an order to modify my order to stop my wage garnishment.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 26, 2020

Child support ends at 21. The court does not have the power to extend support beyond 21. The court however can enforce agreements that provide for support or college and even graduate school beyond 21 only if it was agreed to in WRITING.

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2 Answers | Asked in Family Law for New York on
Q: Can I move out of state/country when I have sole/legal/physical custody.

I have sole legal, physical, residential custody of my 8 year old. My 8 year old attends a British School in New York City and is taught in the British system as the plan when the marriage was great was to send child to English school eventually in England. The child is not taught the American... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 24, 2020

In order to be able to move, you have to get the father's permission and if he refuses, you need to get court permission. This should be done BEFORE the move. You should plan on filing in court if the father does not consent at least 9 months in advance due to the time it will take to get a... Read more »

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1 Answer | Asked in Family Law for New York on
Q: Can someone legally keep a biological family member from a funeral.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 23, 2020

Unless there is an order of protection no. However, keep in mind that you don't necessarily want to make a scene at a funeral.

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: With joint physical custody does one parent owning home and other renting impact what school child attends?

The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »

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

A parent that is stable and not moving often is more likely to get custody in terms of where the child will go to school.

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1 Answer | Asked in Family Law for New York on
Q: NY temporary visitation order ?

I was granted a temp visitation order in 2018 on Sundays for about 4 hours I live In NJ , I acted on this order for about two months until mother started having issues not showing up being home late and also not responding my calls . We went back to court for an enforcement but nothing was... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 22, 2020

You say you had a temporary order if that wasn't made into a final order, you have nothing and have to start from scratch. Go back to court and file a visitation petition you can use the last address you have for the mother to start. If she can't be served, you will have to hire a... Read more »

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