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Currently married but might look to divorce and need to know about custody steps
answered on Sep 13, 2024
Custody can be addressed in the Divorce case or you can file for custody alone in Family Court. Speak to an attorney.
I was divorced on October 2023 and had a notarized postnuptial agreement not honored during the divorce proceedings. The agreement was signed by both parties but the notary in error signed on a second page belonging to the parties involved and the notary, which we did not sign. Leaving the parties... View More 
answered on Sep 8, 2024
A divorce agreement must be executed in a certain manner and contain certain language. If it does not it is invalid. You needed to have a professional prepare it properly for it to have been valid. Contact an attorney.
I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.
answered on Jun 19, 2024
If she needs to register for school before 18, you need to be her legal guardian.
We were married in 1991 in CA and have grown children, no property and the divorce would be uncontested. I have lived in Dutchess County since July of 2021. There are no assets. I have student loan debt that was taken out in my name for our child's college, but I might be willing to take that... View More
answered on Jun 16, 2024
If you want to get divorced in California you need to post this in a California forum. You will need to make sure you have jurisdiction in California.
answered on Jun 16, 2024
You probably mean annotated. That likely means the Clerk just updated some missing info into your file.
My fiancee children are 18, 17, and 16. We have a newborn together and want to get married, He pays child support to the month through the courts. If something happens to him, God forbid, can she collect child support from me?
answered on May 9, 2024
Child support terminates upon the payor's death. You would not be responsible for his support payments.
I have to represent myself in court tomorrow and last appearance to judge said me and the party have to make a mutual agreement to have the balance reduced and that is it. But New York State has charged me child support every month for 7 years based on disability as income which I have never had to... View More
answered on Apr 25, 2024
New York does not allow a support Magistrate or Judge to erase arrears. You had to have asked for a modification when your income was reduced. Now, only the recipient can agree to reduce the arrears.
I am my brother’s only living heir.
answered on Apr 2, 2024
If your brother left no will, you need to be appointed Administrator of his estate. You need to file for letters of Administration with the court.
I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage (license/ certificate). What is the legal implication of the nikkah ?
answered on Mar 5, 2024
A religious ceremony has no legal effect. Only the marraige license has legal effect and is to be signed by an officient.
when there is conflicts and threats can I hold on to the visitation right until resolved by court.
answered on Feb 16, 2024
If there are no court orders of custody or visitation then both parents have equal rights to both. If there is a dangerous or unhealthy sitiuation then withholding visitation, if in the child's best interst, might be advisable but a custody petition should be immediatly filed.
answered on Feb 12, 2024
Yes. Child support is independent of SSI. A non-custodial parent's obligation of support is statutory.
Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More
answered on Feb 11, 2024
The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.
I have full custody of my daughter. Her mother has returned after being out of her life after 8 years. My daughter is now 12.
answered on Feb 3, 2024
You need to go to court for a relocation modification case. You need to show that moving would be beneficial for the child.
My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.
Is he... View More
answered on Jan 27, 2024
If your child is no longer living with you then you are not entitled to child support, however, if there is a child support order, child support is legally continued until he goes to court to terminate the order. He can not simply stop on his own.
My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More
answered on Jan 15, 2024
Without a court order or judgment of divorce an agreement is not self enforceing. You might need to go to court with an ancillary action. You should speak to a lawyer.
Has not allowed me access for three weeks she filed a form for modification of visitation -
answered on Jan 8, 2024
You should file a cross petition for violation. Speak to a lawyer.
I work as a travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.
The mother has every other weekend visits with my daughter. I have full custody.... View More
answered on Dec 30, 2023
You need to show why it is the best interest of the child to relocate, not why it is more convenient for you. You should be prepared to show what would benefit your child (schools, safety, etc).
We have a separation agreement that contains child support agreement . It’s only noterized and he won’t pay it tho he signed it . Can I just ignore the agreement and take him to child support court so the child support comes out of his checks ?
answered on Dec 25, 2023
Yes. You can certainly take him to court for child support. The agreement you made can be used as evidence of intent. See an attorney.
We have a 5 month old daughter & he is now currently in jail for attempted murder . I know this sounds crazy but I don’t want him to be away from his daughter for so many years is there anything I can do ? Like if I drop the order of protection will that minimize his sentence? Is there anyway... View More
answered on Dec 24, 2023
I will not judge you, but I will judge him. He shot at an occupied house endangering people's lives. He should be no where near you or anyone else for a very long time. The matter is between the State and him. You are a witness but you dropping the OP would have no effect.
I have a child support agreement in my separation agreement that I got notarized. can I bring it to Family Court and have them official it ?.hes not paying the child support we agreed on.
answered on Dec 24, 2023
No. You need to start an action and serve your spouse. Speak to a lawyer.
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