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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

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.

2 Answers | Asked in Real Estate Law, Divorce and Family Law for New York on
Q: Can I sell my half of a house co-owned with my ex-wire? We are both on the mortgage.

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 26, 2021

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.

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1 Answer | Asked in Family Law for New York on
Q: Is an agreement made during mediation binding if both parties agree to the terms?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 23, 2021

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.

2 Answers | Asked in Divorce for New York on
Q: I was served a summons with notice in NY for a divorce. I missed deadline of 20 days thinking it was 30. What can I do?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 22, 2021

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 »

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1 Answer | Asked in Family Law for New York on
Q: If a father has two children with two different birth mothers but only see one kid, is that abandonment?

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 22, 2021

"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.

1 Answer | Asked in Divorce for New York on
Q: Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for divorce in the us?

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?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 20, 2021

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.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 16, 2021

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 »

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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: My son keeps vomiting and diarrhea after his court order visits with his dad. I think he’s giving him contaminated food

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?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 15, 2021

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.

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2 Answers | Asked in Immigration Law, Child Support and International Law for New York on
Q: What are the legal ramifications if I don't assist my Chinese ex-wife in renewing our daughter's U.S. passport abroad?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 11, 2021

There are no ramifications except that your wife will tell your daughter of your refusal

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3 Answers | Asked in Divorce for New York on
Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 11, 2021

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.

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1 Answer | Asked in Divorce for New York on
Q: Do I have to pay for dental care I provided as per my divorce agreement after I retire?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 7, 2021

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 »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I was wondering what the next step would be when my sons mother denies vacation time for my son and I?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 6, 2021

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can only see my son in therapy but but he refuses it. I’m going 6-12months without seeing him, I shoudnt pay support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 29, 2021

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 »

2 Answers | Asked in Child Support and Divorce for New York on
Q: My spouse refuses to abide by our divorce agreement and pay for what he agreed to pay, what court or recourse do I have.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 16, 2021

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.

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for New York on
Q: Why would they not inform the family about his intentions to try to appeal his sentence?

I am daughter am entitled to know of his actions. Yet, no one informed me.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 14, 2021

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.

1 Answer | Asked in Divorce for New York on
Q: Is there pro bono or reduced rates for inmates filing for divorce. I am a federal prisoner home release in New York.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2021

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 »

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on
Q: In family court if perjury has easily been proven, can the defendant request it to be taken to criminal court?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2021

It can be referred to the DA by the Family court judge but is almost never done.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex wants downward modification on child support- feels too much is being taken from his unemployment benefit.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

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.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is it possible for an incarcerated father to get court ordered visitation? No paternity has been established

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

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.

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1 Answer | Asked in Divorce for New York on
Q: I had a Pende lite with an Order to Show Cause granted by the Supreme Court Judge overseeing my divorce.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

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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