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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... View 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... View 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... View 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... View 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... View 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... View More
answered on Aug 31, 2022
You did not indicate what county you need an attorney in. If it is in Nassau County or thereabouts, I would be happy to give your daughter a complementary consultation on the phone or in person she calls 519-329-9600.
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... View 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.
My wife left me in feb 2022, she moved into an apartment in March 2022, she came and took clothes on 2 occasions and I even let her take some furniture. She said she has file for divorce. She now wants to come and take whatever she wants. I still live in the family home with 2 of our grown sons. Is... View More
answered on Aug 13, 2022
She can only take things if you agree to it otherwise the division of ALL assets are by court order or agreement.
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... View More
My wife was served divorce paper on July 20th. I filed my divorce on June 30th. And she changed property deed on July 5th.
answered on Jul 25, 2022
It will not make a differece in the end. Transfers of marital assets without fair consideration are charged against the party making the transfer.
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... View 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.
Non custodial parent has not made contact in a year. They have a history of disappearing for years at a time.
Wife works; I'm disabled. Our adult daughter lives with us and will live with wife once we're divorced. Does my daughter's income figure in alimony arrangements? They'll have two incomes and I'm on disability.
answered on Jun 9, 2022
Your daughter's income doesn't have anything to do with alimony
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... View 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.
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... View More
answered on May 4, 2022
The new attorney will get the full file from the old attorney and the attorneys can discuss the case and the plan the original attorney had so there should be no problem
Baby is 3 months old
answered on Apr 6, 2022
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... View 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... View More
answered on Apr 5, 2022
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... View More
He scheduled a custody consultation in Pennsylvania and is trying to take him from me even though my son has been living with me for years.
answered on Apr 6, 2022
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... View More
answered on Apr 4, 2022
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... View More
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