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Questions Answered by Lawrence Allen Weinreich
1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I am the non-custodial parent, can I still REGISTER my custody order (NY) with the court in the state I reside(PA)?

Current custody order originating jurisdiction is Nassau county NY, I reside in the Commonwealth of Pike County PA. I would like to REGISTER my current custody order in the event it requires enforcement. Court order: JOINT LEGAL CUSTODY, Father= physical custody (NY), I have visitation (making me... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 18, 2023

You can register the order but the PA courts won't have jurisdiction as the children reside in NY and anything related to custody/visitation will take place in NY as long as the children reside here.

1 Answer | Asked in Divorce for New York on
Q: Can husband and I waive net worth statement for NY divorce if we both agree? No kids, we both work, and I earn much more

Can husband and I waive net worth statement for NY divorce if we both agree? No kids, we both work, and I earn much more. I consulted with a lawyer before that net worth statement is not required in NY, so how do I waive it? Or do I simply not submit net worth statement?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 6, 2023

The only way to do that is to have it in writing that you are each waving financial disclosure and the filing of a Net Worth Statement.

2 Answers | Asked in Child Support for New York on
Q: How is child support in New York calculated?

For one child is it 17 percent of gross minus Medicare and social security? And what about state pension contributions

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 1, 2023

Pension contributions are not deducted from gross income. Local tax, meaning NYC TAX or other municipal income tax is also deductible along with S.S. & Medicare.

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2 Answers | Asked in Family Law for New York on
Q: If my exes lawyer does not properly serve me papers by the date judge put, what happens with their “filings”?

My exes lawyer has been calling me, leaving messages that have an underlying intimidating tone, telling me I need to come to her office to pick up court papers they supposedly filed by a certain date. They are aware I live in PA, they have my address and my work address as well - lawyers office is... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 29, 2023

The papers most likely require personal service on you. It is their obligation to serve as directed by the court. If it isn't done, they will just ask for a new service date.

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1 Answer | Asked in Family Law and Adoption for New York on
Q: Do i need permission from my spouses childs father to adopt him even though he has not been in contact for 6 years?

I have been with my domestic partner for about 10 years. I have been in adriyels life (the child i want to adopt) since he was born. We have lived life like a normal family (He is my mothers favorite grandchild) His father has not been in contact since we called the cops on him for not bringing... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 16, 2023

Unfortunately, the answer is yes.

2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: If I filled a petition for full custody and will like to dissmiss it, what are my steps to do so? Or I just don’t show

To court date?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Nov 3, 2023

You can appear on the court date you received and tell the judge that you want to withdraw the petition. You can also send in a form (found on the court website) or a letter withdrawing your petition.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I file a family offense petition asking for immediate relief and custody? The child is subject of emotional neglect

I have petitioned the court a few days ago for modification of custody order from 2020, however information in regard to the direct form of emotional/mental abuse was brought to my attention by my daughter when I picked her up for my scheduled parenting time. I have evidence of texts. She does not... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 29, 2023

You should see an attorney immediately and show him the texts to see if they meet the threshold necessary for an order of protection

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1 Answer | Asked in Divorce for New York on
Q: Does Separation of Unmarried Parents Count as Divorce in the USA? Does it affect the divorce rates?

Does it count as a divorce? Are the divorce laws applicable in such cases?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 18, 2023

Divorce only applies to married couples

4 Answers | Asked in Family Law for New York on
Q: In terms of a relocation case, how do I show a school district is a good choice?

I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 18, 2023

School districts are ranked based on performance and other criteria. This information is available on line. If cannot find it call the school district directly and ask for the information. Keep in mind that you have to show that it is at least as good if not better than your current school... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: Who else can you go to if your child's attorney will not return your call regarding a time sensitive issue?

This week my child came home and shared details about an argument she got into with her mother during the week, in which things escalated and put her in a position where she no longer feels safe. We have reached out to the attorney repeatedly and have not received a response. She is supposed to go... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 5, 2023

You should immediately reach out to your own attorney who can guide you on what to do. Your attorney should also be able to reach the AFC.

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1 Answer | Asked in Child Support for New York on
Q: My ex never told me that our son joined the military at 18 and I just found out 2 years later.

My son reached out to me. I don't owe back support. I have paying them for 2 years and he never lived there

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 4, 2023

Joining the military is a basis to suspend child support. However, it is unlikely that you can get anything you paid back. You should have a consultation with an attorney and show them any orders and stipulations that you entered into.

2 Answers | Asked in Child Support and Family Law for New York on
Q: Can I get the money I paid back since he was not there and was in military. Doesn't the custodial parent have to notify
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 4, 2023

Just because he was in the military does not have anything to do with the issue. Child support is paid for the benefit of the child. There is no basis for getting payment back.

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1 Answer | Asked in Child Support for New York on
Q: For Child Support in New York State, does cashing out an Inherited IRA count as income?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 28, 2023

The short answer is yes. Any and all income from any source is counted toward income.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: If both parents were not married at child birth but got married years later who has custody?

The child l resides with the mother

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Sep 13, 2023

Short of a court order giving someone "custody", both parents have equal custody no matter who the child resides with.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my ex husband move out of state with kids again ?

My ex-husband and I divorced, and we have joint custody. I signed paperwork to have my son move with him to Utah two years ago for a better life I kept custody of my daughter, who lives with me. Now my ex-husband is trying to move my son to another state (texas ) I don’t agree with this. Since... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 22, 2023

If the order of custody is a NY order, you can bring a petition in family court to stop the move. The best way is by Order to Show Cause so the court can stop the move until the case is heard. See an attorney to help with this if you can.

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4 Answers | Asked in Health Care Law, Divorce and Family Law for New York on
Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:

Legal separation, divorce, or dissolution of a Civil Union.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 8, 2023

NY law would control.

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2 Answers | Asked in Divorce and Family Law for New York on
Q: In divorce, if one party chooses not to have a lawyer, is the pursuant (with representation) responsible for their fees?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Aug 8, 2023

There is no quick answer to this question. The court can order fees based on each party's ability to pay and on the conduct of each party during the litigation.

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1 Answer | Asked in Family Law for New York on
Q: I am married but I am separated for 5 years I have a girlfriend who needs to get a domestic partner ship with me
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 19, 2023

Unfortunately, you are married so are not eligible in most cases for a domestic partnership.

1 Answer | Asked in Family Law, Adoption and Child Custody for New York on
Q: can my boyfriends aunt take me in from acs

i’m 15 he’s 16, my grandma has custody of me and i’m currently in acs custody, living in a children’s center. is there anyway she can take me even though me and her niece are in a relationship

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

First, she would have to be approved as a foster parent. Once that is done she can work with ACS to try to have you placed with her.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: hello wondering if moms ever lose custody due to parent alienation?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jul 18, 2023

Yes a parent, mother/father, can lose custody if alienation is provern. As an alternative, child support can be suspended or oven stopped.

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