Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by John Anthony Pappalardo
1 Answer | Asked in Divorce and Family Law for New York on
Q: Legal aid divorce

I'm filing for divorce but I have no income, I'm going to legal aid. I filled out the application & was wondering how good my chances were of being approved? My soon to be ex does work but he cashes his checks and doesn't leave money in the account.

John Anthony Pappalardo
John Anthony Pappalardo
answered on Nov 14, 2019

They would be in the best position to advise you on that

3 Answers | Asked in Divorce and Family Law for New York on
Q: I live in NY state, and am in the process of getting divorced, is a loan from my 401K in my name that was deposited...

in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... View More

John Anthony Pappalardo
John Anthony Pappalardo
answered on Nov 1, 2019

Sounds like it is a marital debt

View More Answers

2 Answers | Asked in Family Law for New York on
Q: Paternal Rights? Our son, who is active duty military, and his wife live in NY. They were married earlier this year

in NY and are now expecting a child. She has left NY in August (at 6 months pregnant) to be closer to her family (against our sons wishes) for "support". She is now telling him that she would rather be single. The baby is due in a month. There is no separation agreement. What should... View More

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

He needs to be there when the child is born and get his name on the birth certificate and once born file a custody Petition

View More Answers

2 Answers | Asked in Family Law for New York on
Q: restraining order

I want to get a restraining order against someone in New york but they are currently traveling outside the country and I don't know when they will be returning

John Anthony Pappalardo
John Anthony Pappalardo
answered on Oct 28, 2019

You will need to get a process server in the country where they are traveling to serve them with the papers.

View More Answers

2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: Can I file a petition to have legal parental right to my boyfriends baby ?

I’m a 25 year old man. My boyfriend of 6 years, got someone else pregnant. This was 2 years ago. Since then we’ve all had numerous discussions to reconcile and think of next steps. I’ve been in this baby’s life since before day one. And we all productively raise this baby together. There... View More

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

In NY you can

View More Answers

2 Answers | Asked in Child Custody and Family Law for New York on
Q: How far can I move without the father’s or court’s permission in New York? I want to move far before filing for custody.

I’m currently living in Long Island and my sons father is a drug addict and relapsed after 8.5 years clean. He wants me to move out and stay local so he can have a relationship with our son. I have other plans. I want to move as far as legally possible (specifically Staten Island where I will... View More

John Anthony Pappalardo
John Anthony Pappalardo
answered on Oct 16, 2019

That is a complicated issue. I would suggest you read the NY Court of Appeals case Tropea for guidance.

View More Answers

2 Answers | Asked in Family Law for New York on
Q: Domestic partner nys

Does domestic partnership have to be filed or is it automatic when people live together and can partner make medical decisions

John Anthony Pappalardo
John Anthony Pappalardo
answered on Oct 14, 2019

It depends on the Jurtisdiction

View More Answers

2 Answers | Asked in Juvenile Law for New York on
Q: I have a question my 14-15 year old step son thinks its okay for himself to put his hands on me by pushing and shoving m
John Anthony Pappalardo
John Anthony Pappalardo
answered on Oct 14, 2019

You may need to start a PINS proceeding in Family Court for assistance

View More Answers

2 Answers | Asked in Family Law for New York on
Q: My niece who is 8 lives with her father in Florida because my sister passed away in a car accident.

She doesn’t have His last name and he is not on the birth certificate. If he changes her last name now will we loose our rights as her family ? We just want to be able to still see her be he has told her that we are not her family.

John Anthony Pappalardo
John Anthony Pappalardo
answered on Oct 14, 2019

You will not lose your rights

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Bad situation with ex fiance advice needed, up state newyork

I am from the UK , for last 4 years I have been engaged to a girl from New York. Iam not a USA citizen. After what I thought was my child was born in Utica NY I got cancer and have been between the UK and usa. She tells me our daughter isn't mine during an argument. Nearly 3 years down the... View More

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

If in NY you can advance the argument of estoppel and you should also seek a DNA test in a Paternity action

View More Answers

3 Answers | Asked in Family Law for New York on
Q: How do I get a free lawyer for a family court date in wich my ex husband is in violation of paying medical expenses

Mother of three. One of wich is disabled. I pay co-pays upfront and he will not reinburse me. He claims I do not give him copies. He plays games and I have to constantly chase him to try and get medical expenses paid. Now bills have gone to collections and He owes me over $2,000 of medical co... View More

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

Try contacting Pace Law School

View More Answers

2 Answers | Asked in Child Custody, Child Support, Family Law and Federal Crimes for New York on
Q: I was living with the child for two yrs. Found out it was mine. Then had to pay 10gs, along with support living there.

We had a child. She was on DSS for awhile and I joined with her. We had a kid but she told me it might not be mine. It's my first so I didn't know what to do so I stayed. Found out two years later it was mine. Then hit with a ten grand arrears and had to pay child support living with... View More

John Anthony Pappalardo
John Anthony Pappalardo
answered on Sep 20, 2019

I would suggest that you negotiate with DSS

View More Answers

2 Answers | Asked in Family Law for New York on
Q: I have no support order in New York . My 18 year old daughter just moved out of my house to live in GA. With her mom.

She plans to go to college next spring. Will I be obligated to paying child support ?

John Anthony Pappalardo
John Anthony Pappalardo
answered on Sep 18, 2019

You need to speak with a Georgia attorney

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Child Custody Laws Between New York and California

If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?

John Anthony Pappalardo
John Anthony Pappalardo
answered on Sep 12, 2019

You should first speak with a California attorney

View More Answers

2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?

The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.

What would happen to the kid after the mom’s dead? How would the father establish his paternity... View More

John Anthony Pappalardo
John Anthony Pappalardo
answered on Sep 10, 2019

He needs to file a Petition

View More Answers

3 Answers | Asked in Domestic Violence, Divorce and Family Law for New York on
Q: How do I defend myself against my wife who wants an order of protection over false claims?

My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... View More

John Anthony Pappalardo
John Anthony Pappalardo
answered on Sep 9, 2019

You need a competent attorney to ferret out all the facts

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: What can i do if a roommate (daughter) does not want to leave after eviction notice date?

Does not pay rent, has brought her boyfriend to move in with her, does not contribute to the household, lost her child due to her boyfriend sexually advances (undressed in front of her while she was in bed in a room alone). both served with eviction papers more than 30 days ago.

John Anthony Pappalardo
John Anthony Pappalardo
answered on Sep 2, 2019

Get them before a Judge

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Do u have to go to the judge to fire the payed lawyer or can I just show up at court with a new lawyer
John Anthony Pappalardo
John Anthony Pappalardo
answered on Aug 29, 2019

You need to have a consent to change attorney form signed

View More Answers

2 Answers | Asked in Family Law, Adoption and Child Custody for New York on
Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years

I feel as though she isn't really helping me

John Anthony Pappalardo
John Anthony Pappalardo
answered on Aug 29, 2019

You need to request a new one from the Judge

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.