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Questions Answered by Lawrence Allen Weinreich
2 Answers | Asked in Family Law for New York on
Q: Can the mother of children take my children anywhere she wants we are separated and have no formal custody agreement
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2020

Each of you have the right to take the children anywhere you think is appropriate. If you think that a place is dangerous you can discuss that with the mother or go to court and try to get a court order stopping her from going. If you are talking about relocating, then she would need either your... Read more »

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1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: My ex-wife's partner is mistreating my children but not enough to involve CPS.

I have asked my ex-wife to discuss with her partner and I but she is refusing to communicate with me.

My sons (12 and 14) have reported to me that my ex's partner is mean and physically grabbed one of them 1 month ago. I reached out to CPS but since the latest incident happened in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

You cannot withhold support unless you get a court order to do so. You say the incident happened in France but don't say where the children live. If they live in NY, you can go to Family Court and ask for an order of protection on their behalf.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: My father filed a false order of protection against me just so he could kick me out of the House could I sue him?

He has been threatening me for years in kicking me out for no reason and threatening to call the cops on me.He called the police on me and lied to them telling them I steal his stuff, and that I get violent.When in fact he is the aggressor. He goes around to neighbors and spreads lies about me.I... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

If you are under age you can file for support, if you are an adult your only recourse is a quick trial.

2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.

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3 Answers | Asked in Estate Planning and Family Law for New York on
Q: Do I add child support settlement in a will or will the state continue to collect and pay to my estate?

My child support arrangement was unique in that we each agreed to cover 60 / 40 % respectively. I received a judgment for $30 k which is currently being violated and with support enforcement on the trail. My kids are now adults. If i don’t call this judgement out in a will , is it lost? It’s... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

If the money is owed to you then the money will be collected until paid in full. If you should die before it is fully collected it is paid to your estate.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Question Regarding Guardianship in NYS Family Court

I have a NYS Family Law question regarding Custody/Guardianship.

I currently have a court date scheduled for Guardianship of my cousin’s children who were removed from her care in June by CPS due to severe abuse & neglect along with mental illness and drug use.

The court date... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 3, 2020

Since you have guardianship of the children you can file a writ in Family Court for their return that would get you into court much sooner. At the same time you can file for guardianship of the other child.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: I want to leave my current relationship. We are not married, but we do have two children together; 3yo and 7mo.

I was going to leave and he said that if I did, he would only let me take one, not both. He said that in ny I have no more rights to them then he does and so the cops cannot get involved. That they cannot stop me from leaving with them but that if he is physically holding one, they cannot make him... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 3, 2020

To begin with, if there is no acknowledgement of paternity signed by both of you he is not legally the father in NY until he goes to court and gets an Order of Filiation. If there is an acknowledgement, you can just leave with both children when he is not around and then file for custody in Family... Read more »

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1 Answer | Asked in Divorce for New York on
Q: NYS (on transcript & email) ex agreed to lower my child support but won't sign modification pprwrk. what can i do?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

You say it is on the "transcript", if it is on the COURT transcript then the court should modify the order and there is nothing to sign. It the transcript is something else it probably doesn't comply with the requirements to modify an agreement. You should take it to a lawyer and... Read more »

1 Answer | Asked in Family Law for New York on
Q: Should a GAL ask a three year old “do you want me to help you have less time with daddy and more time with mommy”
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

It does not sound like an appropriate question.

2 Answers | Asked in Divorce for New York on
Q: Hello i would like some information on a divorce and how to go about it
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

If you are seeking to do the divorce on your own, you can either download the required documents and instructions on the NY Courts website or go the the Bronx Supreme Court and pick up a pro-se divorce packet (which contains the forms and documents). If you are looking or a lawyer, call the Bronx... Read more »

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2 Answers | Asked in Divorce for New York on
Q: NYS In a text last yr, ex and i agreed i'd pay lower college tuition amt. Now, ex is suing me to pay more. should i win?

ex acknowledges agreement. should our newer agreement supersede older divorce agreement? Should i win court case?

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

The problem you will probably run into is that your divorce agreement probably has a clause that says the agreement can only be modified by a writing acknowledged in a certain way. If you didn't follow that requirement, you probably won't win.

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2 Answers | Asked in Divorce for New York on
Q: if we agree to change one part of stip, years after the stip, is that binding?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 27, 2020

Most stips allow for a modification. You should check your stip to see if it does and what the procedure is to modify the stip. If you don't follow the procedure as required, the modification isn't binding.

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1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for New York on
Q: Hello! I was wondering how I could terminate my biological parents rights? He is abusive and I'm looking for a way out.

I have 2 siblings whom dont get the same treatment that I do and both of my parents are in law enforcement, I'm not gonna specify what they do to me because I dont wanna type it but lets just say it takes up my entire day and leaves me with no time for school work. My mom is abused as well but... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2020

Unfortunately, the only way to terminate parental rights is for the Department of Social Services to file neglect petitions against your parents. Once you are 18 and self supporting, you no longer have to have contact with your parents if you don't want. At this time you have to either stick... Read more »

2 Answers | Asked in Divorce for New York on
Q: My husband filed divorce papers for through the NYC DIY service and messed up the info.

My husband filed divorce papers for through the NYC DIY service. I was served the paperwork and the place, date and time of marriage is incorrect. We legally married in a court house in NY but he stated that we were married at a beach how will the affect our divorce. If I sign the papers will we... Read more »

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

He can amend the papers or you answer the papers with your own action for a divorce including the correct information and submit what you want in any decree. At that point, your husband can agree to what you have asked or the two of you can appear in court and work it out quickly.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Son father is homeless endangerment of a child charge a full stay away in place what's the chances I win full custody
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 24, 2020

Based upon what you have indicated, there should be no problem getting custody

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1 Answer | Asked in Family Law for New York on
Q: My sons fathers was in arrears for years in nyc he came into a settlement and paid his 18k arrears and added 10k

Child support deposited the 18k but not the 10 it’s posted to my child support account as a payment but I can’t access it are they going to keep it

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

They won't keep it. If the extra 10 was a "gift" and was not part of any order, then Child Support will likely send the money back to the father.

1 Answer | Asked in Family Law for New York on
Q: How could I be emancipated at the age of 15 here in the state of New York?

I am a 15 year old, female, and I believe that my situation has crossed into abusive and neglectful. My mother has over the years shown signs of hateful behavior towards me and refuses to see me as anything other than my father, whom she has left as of 5 years ago. It hurts yes, but I seek an... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 21, 2020

It would be difficult for you to become emancipated as you cannot support yourself. You can however, report what is going on to the Department of Social Services who will investigate and take action if things are as bad as you say.

1 Answer | Asked in Family Law for New York on
Q: If I am pregnant and apply for dss both the father and I are together and plan on being together will he be charged.

Will he be charged child support as well?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 21, 2020

They will expect him to pay child support. In regard to being "charged" you don't give any information to answer.

3 Answers | Asked in Child Custody and Family Law for New York on
Q: Can I move back to another state with my daughter while separated from my husband?

We lived in Chicago for 3 years while my husband was in graduate school. I separated from my husband over a month ago. He has been verbally and emotionally abusive,and one day he became physical in front of our child, and I ended up at the police station filing a report for domestic violence.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 20, 2020

If you have lived in NY for over 6 months then NY is the home state of the child for custody and visitation purposes. If you were to move without your husband's agreement, he could bring on an action for custody. If that happens, the court can order the child to be returned to NY. You would... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Hi, I have a question regarding my newborn child who was born on June 25th.

unless There is any kind of restrictions or any official order, do I have the right to ask the mother to bring my Son to my house or if she don’t want to come , can I bring the Child alone?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 20, 2020

If you signed an acknowledgment of paternity in the hospital, then you both have equal rights to the child. You therefore can bring the child to your house. If an acknowledgment was not done, you have no "formal" rights until you are established as the father. You would do that by... Read more »

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