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Questions Answered by Sandra M. Colatosti
1 Answer | Asked in Landlord - Tenant for New York on
Q: in ny is there a letter for tenant transfer apartment for security deposit difference to use as first month rent

hi, my tenant is switching from the front apartment to the back apartment she paid the security deposit now we both agreed since it will be less rent in the back she will transfer the security deposit from front to back and the difference of $125 will go to first-month rent is there a legal... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 27, 2022

You might want to provide her with a statement similar to the one you would if she was moving completely within 14 days she moves out of the one apartment. You might want to wait to see the condition of the apartment she is moving out of before putting anything in writing.

1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 24, 2022

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I got a default judgement against me from unpaid rent . They are garnishing my wages however there was another person

Are they supposed to garnish my wages for all unpaid debt or are they supposed to make me pay half

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 12, 2022

You are jointly and severally liable for the rent, meaning that you can be made to pay the full amount yourself if the landlord is unable to collect from the other tenant.

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2 Answers | Asked in Child Custody and Divorce for New York on
Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 12, 2022

Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.

Their mother... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 11, 2022

You are legally obligated to support your children until they are 21 and maybe older. You can’t terminate your parental rights unilaterally to avoid paying child support.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I cared for child since moved in my home at week old because mother wouldn't mother lived in home as well she took child

Won't let me see child been 21 days my lawyer hasn't done nothing and childs lawyer hasn't

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 8, 2022

You can a petition in Family Court for visitation

1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Why decision is not published in Justin? What shall I do to publish decision?

LT-059414-2010

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 4, 2022

Decisions are published on the court’s website. You also can find decisions on the NY Reporr website.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: My child's mother gave custody to her mother when I went to jail for a month. Shouldn't I have custody now that I'm out
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 31, 2022

You have priority over the grandmother for custody. However, if they will not give the child to you, you will need to file a petition with Family Court.

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1 Answer | Asked in Family Law, Child Support, Civil Rights and Communications Law for New York on
Q: How can I get a court order to have visitation to my siblings?

I don’t live with my siblings anymore and a court ordered me to live with my dad and my mother won’t let me see them is there a way I can get a court to make my mother have to let me visit my siblings?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 30, 2022

Your father could file a petition on your behalf or if you’re 18 you could file a petition

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: My lawyer has filed a motion to relieve themselves from my case, because I am no longer abler to pay the bills

I'd like to keep my lawyer on, and work on payment later. Without my lawyer I don't think I stand a chance. What can I do to oppose my lawyer's motion to be relieved?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 29, 2022

You should contact legal aid or some agency that can represent you for little or no charge or see if an attorney can be assigned to represent you.

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: My father died 7months before my mom and he wrote a will that he hand wrote and had it notarized and stamped.

My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 27, 2022

A will must be signed before two witnesses to be valid.

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1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: I need help in fulton county.with big $$$$child support court then divorce. dss never went after deadbeat.need help

husband signed property over to one child when he has six children left five with nothing so I couldn't get it in a divorce has never paid child support through courts he's going to get away with it because I need help

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 25, 2022

You should consult an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: The landlord gave me 6 months to leave his property I need to know do I continue to pay the rent. I’ve never beenlate.

We had a lease but he felt it was unnecessary so I knew when I had another year is when he would raise the rent. He raised it for August so I thought it was good for another year. We had a verbal agreement. Please I have 5 kids and one of my child has autism.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 23, 2022

Yes, you must continue to pay the rent.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for New York on
Q: Hi, my family is in the process of being evicted by the main tenant my grandmother she is refusing to sign moms HRA form

Her refusal comes from her lawyer and without that form my mother and brothers health benefits will end my mother is in need of a surgery that can help her with weight loss from and accident and relieve the risk of becoming blind from Papilledema

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 3, 2022

You should consult a lawyer

2 Answers | Asked in Family Law and Child Custody for New York on
Q: If my kids were taken out the country with there mother without my consent and we have joint custody?

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.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 2, 2022

Unless the order states that the children cannot be removed from the country, state, area, etc., there is no prohibition against taking the children out of the country without the other parent's consent. It becomes a problem if the relocates the children to another country permanently.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require proof of my chronic illness to make a repair?

The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 2, 2022

They should fix it regardless of any medical condition you may have. Contact the code department

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3 Answers | Asked in Child Support and Family Law for New York on
Q: My ex and I share joint custody of our children. He pays child support but not according to the Child Support Standards

Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 1, 2022

I've never seen an order specifically addressing who is responsible for haircuts but I would say it would fall under clothing.

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1 Answer | Asked in Family Law for New York on
Q: Can two under 18 get married in New York if having baby together? Law says no marriage under 18- no exceptions.

Have searched Internet and can't find answer to this question. I am wondering how this scenario is addressed by New York State Law. Thank you!

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 30, 2022

You would need your parents’ consent to marry if you are under 18. You cannot marry unless you are at least 16.

1 Answer | Asked in Child Custody for New York on
Q: My kids are 13 yrs old and 15 yrs old. If they want to stay with me, can I get full custody? I am in New York.

I am father.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 30, 2022

They are at an age at which their wishes about whom to live with would be given greater weight. However, it would be just one of the factors the court would consider. You first would have to show a change in circumstances, that being the children’s desire to live with you. You then would have to... View More

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