Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lawrence Allen Weinreich
2 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: I need immediate help in New York State I’m a low income veteran i can pay monthly no more than 1k i need help with

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 10, 2022

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.

View More Answers

2 Answers | Asked in Divorce for New York on
Q: What can i do if my husband wants me to sign an uncontested divorce forms waiving my rights for child support or alimony

We've been married for 15 yrs, and have a son together. He filled out the affidavit as me and I do not agree to what he put on the form so he can file for a divorce.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 8, 2022

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 »

View More Answers

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My sons father is currently serving 30 years in prison and they do not want to talk to him or see him.

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 2, 2022

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.

1 Answer | Asked in Family Law for New York on
Q: I was served. W temporary orders of protection by my mother & she included my 2 children in this-

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 1, 2022

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.

1 Answer | Asked in Divorce for New York on
Q: My ex wife and I get divorced. But she threatening to sue me bc I owed her 8000 dollars. We had a little business in Dr.

But everything went down with the corona virus situation., no more entry,but I did not have contract with her. What should I do? Can she actually sue me?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 21, 2022

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.

2 Answers | Asked in Divorce for New York on
Q: I'm separated, I was told I need to get a seprarion agreement so my ex and I can file for our taxes separately.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 18, 2022

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 »

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is it okay for me to live in a 1 bedroom apt with my girlfriend and my son who stays with us every other weekend? He’s 3

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 17, 2022

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 »

View More Answers

2 Answers | Asked in Divorce and International Law for New York on
Q: Who may have authority over the children?

If a United States Citizen gets married to a British citizen. Both now live in England, having now two children. A divorce is in the question, who has authority over the children?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 10, 2022

This is a question for an English attorney as the parties and children reside in England and English law would apply.

View More Answers

2 Answers | Asked in Family Law and Adoption for New York on
Q: How can I terminate parental rights in NYC?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 10, 2022

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.

View More Answers

1 Answer | Asked in Family Law for New York on
Q: If you paid child support and wasn’t Father by blood or on the birth certificate,can you get money back?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2022

The short answer is NO. You cannot get back money paid as "child support."

2 Answers | Asked in Family Law and Real Estate Law for New York on
Q: few questions about what I can do to prevent my siblings from selling parents house in puerto rico without my consent

Parents lived in PR for 25 yrs, my daughter and I visited a few times/year. 5 kids left house, Im only one that wants to keep it, because I was only one with a relationhip with parents. sister told me yesterday, atty quit, she's paying taxes which isnt true, and a friends daughter in house... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2022

The best thing to do is speak with an attorney in PR. NY law does not apply and you need legal guidance according to PR law.

View More Answers

3 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 9, 2022

This might work in the short term but not the long term, the best way to handle the situation is through an adoption, an alternative, though not the best is a custody order from a court. In either case, the father would have to be notified of what is going on. I suggest you sit down with an... Read more »

View More Answers

1 Answer | Asked in Family Law for New York on
Q: My son father never utilize visitation son age 15 Does he need them?

What I refer to is I understand it's a right. But if not utilize it, by law why he still needs it?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 7, 2022

Your question is not clear. What "does he need them?" mean? Visitation is a right, it is not an obligation.

1 Answer | Asked in Divorce for New York on
Q: My husband died recently. His previous wife owes him a settlement from their divorce. Can I collect that money from her?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 7, 2022

The settlement belongs to your late husbands' estate. The estate should collect what is owed and then dispurse it pursuant to his will.

2 Answers | Asked in Divorce for New York on
Q: I married I’m in the process of moving out would this be considered abandonment & exclude me in get my share in divorce

Would I be excluded from equable share of property if I move out of our marital home if I consider divorce?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Feb 3, 2022

Moving out would only effect you in a custody determination. Beyond that you would still be entitled to equitable distribution (not necessarily equal) of the marital assests as of the date of the filing for divorce.

View More Answers

2 Answers | Asked in Divorce for New York on
Q: My divorce lawyer doesn't respond to my emails for weeks, then doesn't voice my concerns in court. What are my options?

My wife left our house with our 18 yr old daughter and filed for divorce. My lawyer is simply conveying messages back to me on what my wife is demanding. My lawyer isn't answering my questions or voicing my concerns/needs. My retainer is being bled dry while I only seem to get more... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 25, 2022

Your question is better posted in TN where you reside than in NY where the rules are different. In any event, you should sit down with your attorney and discuss this issue with him and get a full expalination as to his behavior. It that meeting doesn't satisfy you or there is no change in... Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Can a mother go to court to get custody over an 18 year old because he committed serious legal ramifications?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 20, 2022

The courts cannot grant custody of an 18 year old.

1 Answer | Asked in Divorce for New York on
Q: I got Married in Texas,I reside in New York can I file for divorce in New York city’s?
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 20, 2022

You can if you have lived in NY for 2 years or lived here for 1 year and the cause of action occurred here.

3 Answers | Asked in Family Law for New York on
Q: Can a mother legally take inheritance away from a 18 year old because they stole,snuck out and smoked as a minor

can inheritance(a big sum of money and land) be taken away from an 18 year old if they have committed crimes in the past?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 10, 2022

An 18 year old is an adult and as such an inheritance cannot be taken without a court order or a provision in the will to allow it.

View More Answers

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 5, 2022

You have to speak to CPS to intervene. They will notify the school that this is a temporary placement while the neglect matter is in the courts. Once notified, the school has to keep your grandchild until there is a change in status or custody.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.