Custodial parent told noncustodial parent about child getting braces in Sept 2021. Noncustodial parent asked for itemized bill to see what their portion (50/50) would be. Custodial parent never sent any bills. Feb 2024 custodial parent demands $580 by text with pictures of bills dating back to... View More
New York's Article 4 of the Family Court Act has no provision for deadlines of bills for unreimbursed medical expenses. Therefore, the determination of whether a bill is "reasonable" falls on the support magistrate doing the enforcement. Some magistrates will limit the...View More
If 1 parent has sole legal custody but the parents were living together and the Office of Children and Family Services was called into investigate inadequate guardianship, food, clothing and shelter can the non-custodial parent be held accountable while custodial parent is not? Why would both... View More
We do not understand how there can be an order of custody between parents residing together. Nonetheless, assuming this is true, that a couple resides together with an order of custody and visitation between them, we will take a stab at answering this question.
I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I... View More
Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and...View More
I just checked the medical records for my daughter and despite an assurance by the pediatrician four years ago that it would be put in her record, there is no record of the incident and I had hoped to use that record in court in a case in which I am asking for custody of my daughter due to the... View More
Rigging a family court case against the opposing parent is a very dangerous step to take in a quest for the custody of a child. This question shows how the asker plotted with the child's pediatrician to set up the mother in a future custody case. The pediatrician's defense if any will be...View More
We are not certain what the asker means by a "jurisdiction affidavit." If he means a form UCCJEA-3, then certainly this form is filed with a New York family court as part of a modification petition of a foreign state's custody order.
The asker must be aware that the UCCJEA is...View More
My daughter is 12 years old. Her mother is suddenly back in the picture after 8 yrs. My daughter and I are hoping to move to Fl. What are the steps I need to win our relocation case? How would I prove moving to Florida is the best interest of my daughter?
Perhaps the single most critical factor for an asker to understand in any relocation case is that the prior absence of a parent is no guarantee of relocation success. Any family court is a reunification court, and to tell a court that a parent was absent is to force reunification. Once that factor...View More
The freedom of speech is preserved in the Bill of Rights, and only a court can abridge that right if there is a compelling state interest and the abridgment is narrowly tailored. Hence, without a court order from a family court judge aiming to protect the identity of a child in litigation, it is...View More
My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.
Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice...View More
Yes. The father can claim his children on his tax returns if the mother and father enter into a stipulation in court and agree for father to get the tax deduction. The parents can agree to alternate the deduction for each tax year, or they can agree to any other division of the deduction they wish....View More
One must be very cautious about raising a child in a broken home under custody court orders in Pennsylvania. The word "contempt" can trigger various sanctions available under the custody contempt statute, and the Superior Court has affirmed contempt orders because it is putting its foot...View More
My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More
Anyone can file anything one wants any time one wants, but the problem will be in winning. The underlying facts here are insufficient as a change in circumstances warranting a court's review of the current order of custody, and the whole proceeding will yield nothing.
We cannot provide particularized legal advice here online because we do not know the asker's case. In instances involving a relocation, the typical New York family court judge will be looking for economic improvement of the child. That is to say a job relocation that pays more income stands a...View More
This question address how to construe ("construction" of) an agreement. Although we here cannot see the agreement, we imagine it provides for both contingencies: either the agreement terminates on September 21st, or at any other time presumably sooner than September 21st.
We here are not clerks of court and cannot render opinions as to how to obtain court orders.
We here are also well aware of the enormous difficulty government has in keeping straight records in a court environment. Corners may have been cut. It may very well be that the judge's order...View More
Filed a petition for an upward modification of child support. Respondent tried to have the petition dismissed and was denied. Magistrate says child support order is eligible for upward modification. Even though my petition has been granted, still having a trial and need to provide evidence and... View More
The answer here is not as simple as providing a listing of good-to-have documents. We here do not know the nature of either party's employment (self or otherwise) and therefore have no idea what documents are necessary to prove a child support case for this asker.
Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."...View More
2 children live with her and I here in PA. PA doesn’t have jurisdiction over her son and WA doesn’t have jurisdiction over her daughters. How can a custody agreement be filed? Does it have to be filed separately for the son in WA and for the daughters here? Should we get an attorney?
This is an expensive mess. Ordinarily, both parties would file their divorce actions in each state and will serve each other in each other's state. Then, a motion for an interim order of custody gets filed in each state and each state's judge will hold a UCCJEA conference to determine...View More
My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More
The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.
Hypothetically, if the elderly demented...View More
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.