answered on Mar 8, 2023
Being listed on the birth certificate isn't enough. You need to have an acknowledgement of paternity to be the "legal" father or a court order. If there is an acknowledgment all you need to do is file a petition for visitation in Family Court. If there is no acknowledgement, you... Read more »
The child is now six and father has not seen her in a year. Why does the court not recognize this deadbeat who is sleeping on his mother's floor in her one-room apartment? He was arrested for breaking someone's nose the night before he was to appear in court. What proof is needed to... Read more »
answered on Mar 7, 2023
Unfortunatley, the law says it is in the child's best interests to have visitation with the non-custodial parent. However, what type of visitation and how often is left to the judge after a hearing. You should meet with an attorney to go over all of the facts of the matter. If you cannot... Read more »
I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... Read more »
answered on Mar 7, 2023
Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.
was never married.
answered on Mar 1, 2023
The real question is do you have a custody order? If you do, then the father has visitation rights, in which case, you would need to get his written notarized agreement to allow you to move or a court order allowing the move. If there is no order, if the father has been visiting, then again, you... Read more »
I don’t need the child support. He has other kids to take care of. If he signs his rights over would the payments stop or will New York continue to take the payments?
answered on Feb 28, 2023
(This is for NY) First of all, you should know he cannot sign over his "rights". The only way for his rights to be terminated is a Neglect petition being filed by DSS or he consents to an adoption. Until his rights are terminated, he has to pay child support. The only way to stop... Read more »
My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.
answered on Feb 9, 2023
Its unfortunate what is happening. In regard to the IRA, you will have to file a motion for contempt for his failure to follow through. In regard to visitation, if you have a schedule set out in an order and your ex refuses to follow the order then you will have to file for contempt for that as... Read more »
my attorney says he can't represent me anymore because the court pays little.
Can I pay the difference (credit card debt) if I want to keep her as my attorney
answered on Jan 31, 2023
Unfortunately, the answer is no. Assigned lawyers are not allowed to accept money from the client. Aside from that, based upon what you have said, your current lawyer is not on the panel for assigned lawyers. You will have to decide between paying your current lawyer the full hourly rate or... Read more »
answered on Jan 4, 2023
It isn't easy unfortunately. To be able to start the action you have see what information you can get from the other person's friends and family as tp their whereabouts. You would have to do a social media search. Once that is done and you still don't have any information, a... Read more »
My daughters father is not listed on her birth certificate and has not been involved in her 6 years of life. He wants to sign his rights away as her father. Do I have to establish paternity with the court first for him to do that?
answered on Nov 17, 2022
A parent cannot sign their rights away. The only way to lose your rights as a parent is have your rights terminated by the courts after a neglect petition has been filed or when the child is adopted.
I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... Read more »
answered on Oct 7, 2022
The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... Read more »
My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »
answered on Oct 4, 2022
It is extremely unlikely that she would get custody (or that she is really asking for it). The most likely request is for visitation. in regard to visitation, she would have to show that she attempted to have a relationship and it was denied and that it is in the child's best interest to... Read more »
My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »
answered on Aug 31, 2022
If he is taking them to school every day from CT then yes they have moved. If it is only on Monday after a weekend in CT then it probably isn't a move. It depends on where the children reside during the week. On the facts presented it is difficult to give an accurate answer. Speak to the... Read more »
answered on Aug 31, 2022
There are a lot of unanswered questions in regard to your post. First are you the father by marriage or court order or by signing an acknowledgement of paternity? It none apply, then under the law you are not the father. If you are the father under the law, then the next question is how was... Read more »
My wife has said she has filed for divorce. I’m on social security disability, my wife makes 4x what I make a month, am I entitled to alimony. Also, our 19 year old son lives with me, am I entitled to child support.
answered on Aug 15, 2022
Based upon what you have written, you would be entitled to maintenance. How much and how long would be up to the court unless you settle the issue. As to child support, you would also get that as long as you son lives with you until he turns 21 as long as he is in school.
I'm asking because I have reason to believe she has. She asked me to sign some papers, I asked her where she was going. Here response was it's none of my business.
answered on Aug 4, 2022
If you are divorced, you need to consult your Stipulation and/or the Judgment of Divorce. Is there a prohibition on either or you leaving the country with the children. If there isn't' then each of you can take the children out of the country for vacation (not for relocation). Next you... Read more »
I received a notice of entry by mail from the petitioner's attorney with the incorrect reference to the case at hand. the attorney refered to the case in the notice of entry letter as an "order of protection" instead of a "temporary order of visitation". what do I do about... Read more »
answered on Jul 15, 2022
You don't have to do anything. Notice of Entry is important only for appeals. Since the order is only a temporary order - one that can change later on, nothing has to be done, the order is clearly a visitation order not an order of protection.
I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do
answered on May 9, 2022
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 »
i think the arrangement will be court-ordered. Would it matter if it were just an "agreement?"
I'm on disability. Spouse is the working party
Online calculator says $800/mo alimony
answered on May 6, 2022
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.
He abandoned me over a year and I need closure
answered on May 24, 2023
That is unfortunate. You really need to get an attorney for something like this as you will need to start the divorce and then have the attorney file a motion for service by publication or other means after all other means of getting his address are exhausted.
answered on Mar 13, 2023
Not only can't the court assign the same lawyer, they cannot assign different lawyers from the same agency or firm.
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