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I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More 
answered on May 1, 2024
You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More
We will be filing no contest divorce, but does one of us have to live in California for six months before filing? Thank you.
answered on Jan 30, 2025
If you both have lived in NY since 2019, you have fulfilled the requirement for a NY divorce and can file in NY. No one has to go back to CA.
If they have a child who is under 21,but custody and everything is already established
answered on Dec 25, 2024
Uncontested divorce only means that one party files for the divorce and the other party does not answer the summons and complaint.
Teen with special needs is refusing court ordered visitation in the summer. Has not been getting along with the non custodial parent and is in therapy. Noncustodial parent seems to be triggering reactions from the teen and teen is having a hard time regulating emotions around non custodial parent... View More
answered on Jun 15, 2024
As long as it is the teen who refuses to visit and you are not telling him not to go there is no contempt. The therapists opinion is also helpful.
To add detail there is an active access order for 1 week rotation schedule. However they have added that the non custodial parent can access thr child every day on custodial parents access time for activities.
answered on Jun 7, 2024
Custody and visitation are 2 different things. Yes you can have full custody but the court can still provide the other parent with visitation as the courts hold that visitation is in the child's best interests.
My kids dad is behind 10,000 in child support. They appointed him a lawyer(public defender ) . Will the public defender help him not have to pay back support back ? He hasn’t paid more than $150 to child support since January. The judge lowered his child support from 2,600 to 2,300 but he... View More
answered on Apr 7, 2024
The attorney represents him in regard to content and it is almost impossible to lower the amount owed without your consent
I was told that having a legal order to pay child support can prevent me from finding work as certain jobs will not hire people who are paying out child support.
answered on Apr 7, 2024
The short answer is no - paying child support will not itself be a bar to being hired. Keep in mind that if you pay direct and not by income execution your employer shouldn't even know you pay child support
Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More
answered on Mar 21, 2024
The short answer to your question is yes they may be used as exhibits
answered on Feb 12, 2024
Unfortunately, the answer is yes there is still the obligation to pay child support. In most cases, there isn't a reduction in child support even though the child received SSI.
Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More
answered on Feb 12, 2024
Although there is a minor child involved, unless your wife can come up with a way to pay for the monthly expenses (including the mortgage) on the house, the court will most likely order the sale of the residence.
If 1 parent has sole legal custody but the parents were living together and the Office of Children and Family Services was called into investigate inadequate guardianship, food, clothing and shelter can the non-custodial parent be held accountable while custodial parent is not? Why would both... View More
answered on Feb 5, 2024
Yes you can. You are a parent and if the other parent is not doing the right thing you have an obligation to the children to protect them.
Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.
answered on Jan 24, 2024
The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.
Married in 2022, baby in 2023. Wife blocks husband’s family from phone and social media because they are trying to help. Wife controls everything.
answered on Jan 15, 2024
Going to rehab in and of itself is not abandonment.
answered on Jan 15, 2024
If you can trace the down-payment or any part of it with proof that it came from your premarital funds then you can get it back
Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More
answered on Jan 15, 2024
The agreement is executed when you both sign it. Therefore payment begins the first day of the first month after it was signed
My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More
answered on Jan 3, 2024
If he is working full time and is self supporting or capable of self support, then it is possible that you won't have to pay child support at all. You should have a consultation with a local attorney and go over all of the facts.
I work as a travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.
The mother has every other weekend visits with my daughter. I have full custody.... View More
answered on Dec 31, 2023
The move must enhance your child's life. Based on what you have said, Moving isn't a necessity. Have a consultation with an attorney and discuss all the facts.
We have a 5 month old daughter & he is now currently in jail for attempted murder . I know this sounds crazy but I don’t want him to be away from his daughter for so many years is there anything I can do ? Like if I drop the order of protection will that minimize his sentence? Is there anyway... View More
answered on Dec 24, 2023
This should be posted in the criminal law section. However, the order of protection plays a very small part of the case.
I have a child support agreement in my separation agreement that I got notarized. can I bring it to Family Court and have them official it ?.hes not paying the child support we agreed on.
answered on Dec 24, 2023
You can bring a petition for arrears in Family Court. Then the court can issue an order based on your agreement and also for the money owed.
We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?
answered on Dec 24, 2023
Unfortunately, Family Court will probably not take the case at this time as it is part of the ongoing divorce. However, any arrers owed per your agreement can be enforced when the divorce is done.
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