You didn't make it clear if there is a custody order. If there is such an order, the order controls until it is changed by the court. If you have custody and you voluntarily allowed your daughter to live with the father for a period of time and then picked up your daughter, you cannot be...Read more »
If there is a court "order" for alimony, the other payor is obligated to pay until the court order is over or vacated. If they stop working or retire early, they are still obligated to make the payment and failure to do so can be punished by contempt of court.
We are unsure of what to do our previous lawyer already had a plan for dealing with the person who keep petioning us now he is supposedly unavailable and trying to explain 3 years of family court petitions in which every one that was filed was dismissed and absolutely immature ridiculous false... Read more »
Mr. Lomtevas summed up the state of the law pretty well. However, what the question does not supply is the status of the father. Did he sign an acknowledgment of paternity or not? If it isn't signed, notarized and filed, under NY law he is not the father. He would first have to go to...Read more »
I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »
To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the...Read more »
This is a complicated question as you haven't indicated if you have a custody order. If there is a custody order, then modification of that order would have to be in the state where the order was granted (unless neither of you live there anymore). If you have a NY custody order, you should...Read more »
Since you only want to get a separation, and there is no action started nor any agreements or orders in place, you each have equal custody of the children. That means that each of you are free to travel with the children at this time. That "freedom" can change depending on any...Read more »
A divorce and child custody my spouse has called the cops on me saying i beat my kids and her both investigated nothing found/no evidence just recently i was served with a order of protection from my spouse and kids after I’ve had my kids for two months after she has abandoned us with no... Read more »
You should appear in court on the return day of the summons. At that time, you can ask the judge to assign a lawyer to you without charge if you meet the low income criteria. You can also contact the local bar association for recommendations.
To begin with, you don't have to sign anything you don't agree with. It is difficult to waive child support without good reasons so it is unlikely that the papers would go through as is. You need to see an attorney immediately and discuss the facts of your case. In no event sign any...Read more »
He wants the courts to force them to talk and to visit him in prison. He is in CT and I am in NY. We are currently divorcing and I am filing for custody in NY. Should I force the children to talk to him. They will be 10 & 11 years old.
The courts will require some sort of contact. What that is will be up to the court. I suggest that you discuss the issue with your divorce attorney as "custody and visitation" are part of the Judgement of Divorce.
All allegations made against me by my mother in this order are false & never even existed! It’s a complicated situation and I don’t have income to have paid lawyer, is there a lawyer pro bono that has experience with this type of case that’ll be willing to assist me ? Please let me know... Read more »
What you should do is appear in court on the day you are summoned and request that the court appoint an attorney for you. If you meet the guidlines, the court will appoint an attorney to represent you at no cost to you.
If you had a divorce agreement or settlement that said that you were going to pay her $8,000 for the business, then yes you owe her the money and she can sue you. You took the chance of what would happen with the business - good or bad.
We got married in NY but lived in NC, I moved back to NY on July 2021. We also want to get a divorce, he moved back to NY on Oct 2021, we live in different cities. The proof I have that I moved out is the rental truck agreement from July 2021. Does it work as proof so we can get a separation... Read more »
You can file your taxes seperately. What you do is file as married filing seperately. Talk to your tax preparer about that. To do a seperation agreement you should consult with an attorney. However, if you want to get a divorce, you should do that as depending on circumstances you will do a...Read more »
My long term girlfriend and I just moved into a one bedroom apartment. I have a 3 year old son who I have partial custody. We have arranged his own bed for him in our one bedroom and a dresser. Is this legal? We can’t afford a 2 bedroom yet.
The short answer is yes. However, you should keep in mind that your 3 year old is around especially if he is in the bedroom with you and act accordingly. Remember children hear and see things even if you don't think they do and you don't want him telling the mother about anything...Read more »
I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter's dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and... Read more »
Only a petition brought by a child protective agency can terminate a parents rights. However, you can negotiate with the father to allow the adoption by agreeing to forego the arrears owed to you and of course the fact he won't have to pay support anymore.
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