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Questions Answered by John Anthony Pappalardo
2 Answers | Asked in Divorce, Family Law, Collections and Domestic Violence for New York on
Q: if the supreme court has 60 days to answer all papers that were returned on 01/08/2020.what can I do to get a decision.

It's a violation on a order for in lieu of maintenance since 2012. the company that served him messed up and didn't file proof of service nor give me a copy to to do it til 3 mos later. H e and his lawyer showed up so obviously he was served, but it was not calendared, and became paper... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Mar 13, 2020

Write to the Administrative Law Judge

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4 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: How to file a motion of contempt on ex for not following divorce decree regarding property? Divorce or property lawyer?

Ex-spouse refuses to follow through with property agreement set in divorce decree. Currently financially frozen. How do I go about enforcing? What kind of lawyer do I get? Divorce or Property/Real Estate.

John Anthony Pappalardo
John Anthony Pappalardo answered on Mar 10, 2020

You will need a lawyer as this is a fairly challenging piece

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1 Answer | Asked in Family Law and Civil Rights for New York on
Q: ACS/ CPS violation?

good evening, to sum up my situation my boyfriend had called ACS on his sister due to child neglection. this has been going on before and even when i started dating him and witness the actions but i never got involved because he was already going to call because he was fed up, when he called ACS he... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Jan 7, 2020

You need a Family Law attorney

4 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: What can I do (or my Mom) to regain control over family’s estate, after my brother used my mom’s power of attorney to

change all legal documentation, making himself a sole owner of all the houses, trusts, insurance policies, LLC’s, etc. He stole over $15 mil while my mom is still alive.

John Anthony Pappalardo
John Anthony Pappalardo answered on Jan 7, 2020

You need to retain an attorney familiar with Surrogate court proceedings.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Cousin borrowed money from father now father passed away she now says she doesn't have to pay me back because he died.

I'm the executor of his will

John Anthony Pappalardo
John Anthony Pappalardo answered on Jan 6, 2020

You need an attorney who practices in Surrogate Court

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3 Answers | Asked in Family Law for New York on
Q: o i haven’t heard from my baby father since October 2019 . He hasn’t been following the order which is every other week

. And ask to take my son and the cops were really upset because he didn’t communicate with me first or he hasn’t been going by the order .i explained to them wats been going on and showed the the order and proof that I’ve been reaching out . I don’t know what else to do it’s going on 4... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Jan 3, 2020

You need to file a Violation and a Modification Petition

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2 Answers | Asked in Family Law for New York on
Q: How can I get emergency guardianship of an adult relative with special needs?

I have my niece with autism whom my mother and I had joint guardianship for her until her 18th birthday after her mother passed away in 2007. She lived with my mother in nyc and my mother passed away November 12th 2019. I brought her upstate to reside with me in Rensselaer, since there were no... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Jan 3, 2020

You need to file an Order to Show cause in either Surrogate or family Court

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: what can i do to see my child while father has temporary physical custody?

I have physical custody in my divorce decree issued in NYS in 2017. I moved this past summer back to NYS with my son and had a verbal agreement with his father that he will enroll him in school in Brooklyn and have physical custody until Feb. His father is now not allowing me to contact him or... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 31, 2019

File a visitation Petition

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is there " grandparents" rights ( visitation) in Onondaga County?

I have full legal and physical custody of my 2 children and their grandmother on the mothers side filed a petition for visitation.

So I am wondering if NY recognizes grandparents rights? The mom already has visitation at the grandmother's house but now the grandmother wants her own... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 23, 2019

Yes

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: If there's a court order regarding visitation then a temp order for visitation is temp order in addition or replacing

The court order? court order allowed family members to supervise temp order says visits at a safe exchange program

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 19, 2019

It depends on the order

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: I’m being alienated from any knowledge of my mother’s will and trust by my family even though I am an heir.

Denied copies of any papers. And never notified about anything. What can I do in this situation?

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 8, 2019

You need an estate and trust attorney

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Violations of Court order visitation, is will be the outcome if the violation is reported to the court

My daughter has weekend visit with her mom. The Mothers son father is not allowed to be at the house during any of the visits, my daughter told me that the Mother's boyfriend is there every weekend.

What will be the next step taken by the court once this order is reported as being... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 8, 2019

The court should fashion a disposition in keeping with the best interests of your daughter.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: 16 year old wants to stay with father half time. Does child have a say? Mom has full/residential custody since 2008

Mother full custody since 2008, father appealed same year but never completed anger management. So appeal has not been honored.

How could custody be overturned with appeal still in process. Would son have to file? Could father refile?

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 4, 2019

All things being equal a 16 year old has significant say

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2 Answers | Asked in Family Law, Child Custody and Civil Litigation for New York on
Q: I had family court trial, I was without counsel..i lost custody of child. can I file while the court deliberats?

I was wrongfully placed in injuction unable to even respond, however I feel as if the judge disagrees with the extreme financial inequality, and perhaps waiting for me to either respond or at least give my side, and truthfulness of the matter.

John Anthony Pappalardo
John Anthony Pappalardo answered on Dec 3, 2019

You need an attorney ASAP

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2 Answers | Asked in Divorce, Family Law and Small Claims for New York on
Q: How do I violate/file against my ex for not following our divorce decree to take my name off the mortgage?

2 years Divorced. Ex was awarded home in divorce decree. We (myself and he) agreed he could have the house provided HE pay all the transfer fees associated with removing my name from the mortgage. He even provided a notarized statement to the judge that he would remove me from the mortgage after... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 26, 2019

You need to file a post judgement divorce proceeding seeking enforcement and contempt

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2 Answers | Asked in Adoption and Family Law for New York on
Q: Can my husband and I take in a 15 year old runaway if she is being neglected and emotionally abused at home?

The child is not a relative of ours and there is no previous relationship, but we learned of her situation and want to offer a safe place to stay since we’ve developed a bond and see that she needs some love and protection. We are in New York State.

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 25, 2019

You need a guardianship or Article 6 court order

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: I used corporal punishment to discipline my son. The school called CPS, and the sheriff was involved. What do I do next?

My wife and son filed a statement with the sheriff following a home visit. My son has minor bruises but no severe injuries, yet was taken to urgent care for photos to be taken. I admitted to the sheriff over the phone while talking to CPS. No charges have been filed yet. I am currently out of town,... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 22, 2019

You need a criminal attorney and a Family Law attorney

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2 Answers | Asked in Domestic Violence and Family Law for New York on
Q: If my family is verbally/mentally abusing me can I get a order of protection ?

I’m being verbally and mentally abused by family members

John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 21, 2019

You can certainly try

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1 Answer | Asked in Family Law for New York on
Q: Can one parent change the kids health insurance without the other parent’s consent?
John Anthony Pappalardo
John Anthony Pappalardo answered on Nov 14, 2019

It depends on the Settlement Agreement, Court Order or Judgement of divorce

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