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At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More 
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answered on Jul 21, 2024
This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More
Home. Stated he wants to live with and has told his father and the father refuses to talk to me. My son is 15 and is going to be 16 in august what should I do I don’t want to get me or my son in any trouble but I can’t force him to get on a plane. I live in Kentucky his father is in New York
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answered on May 12, 2024
We here cannot provide specific legal advice to an anonymous asker. Her question has to do with how to react to a factual situation when an order is the governing outcome producer. The correct answer that is not legal advice is to simply follow the order.
However, as an educational point,... View More
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
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answered on May 6, 2024
There is a calculus involved in moving a child without a custody order. Initially, we Americans can move freely throughout this great nation as it is our right to travel without permission of government. However, how responsive the father is weights heavily on the matter.
If the asker moves... View More
Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More
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answered on Apr 3, 2024
This is precisely the kind of question we here on Justin are specifically prohibited from answering. We are not the asker's attorney and as such we do not know any of the operative facts of this asker's case. We are therefore prohibited from offering tips and tricks as to how to proceed,... View More
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answered on Apr 1, 2024
The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More
I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More
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answered on Mar 25, 2024
We are told so very little about both the procedural history and the substance of the asker's case so as to have to guess to fill in the blanks. At first blush, this appears to be a forced-stip case where the court's aim is to get the parties to agree to their own resolution according to... View More
We went to court last week. While in court the father told the judge he will put our daughter on his insurance to help with therapy costs. The Orders states "father offers to add child to insurance to help with out of picket therapy costs". Now he's saying he's not required to... View More
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answered on Mar 10, 2024
This is not an easy question. Pennsylvania judges all too often shoot from the hip, and they can either contempt a parent or not based on what is written or what is not written in a court order.
Here, the order appears to provide that "dad offers" which is not an order at all. The... View More
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answered on Mar 17, 2024
The law in Pennsylvania regarding the distribution of marital property is not a knife's edge split of everything. The law is "equitable distribution" of the marital estate which means a fair distribution of the marital estate.
So, the amount on the table for distribution is... View More
Divorce agreement states each party shall be informed of any major decisions to be made concerning education of the children and consent of both parties shall be obtained prior to making any decisions. Agreement ALSO states it is the parties' intention that the children attend college until... View More
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answered on Mar 4, 2024
We are unable to accurately guide and advise an asker as to what the meaning of a snippet of a stip (the stipulation of settlement of the parties ending the divorce action) really says. We would be embarking on a risky ride down troubling lane.
Nonetheless, assuming arguendo that the asker... View More
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answered on Feb 21, 2024
There is no statute that regulates sexual conduct within a hospital. Individual physician ethical codes prohibit sexual contact between doctors and patients. Perhaps employment regulations prohibit sexual contact between staff and patients.
However, all of these remedies are non-court... View More
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
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answered on Feb 19, 2024
No.
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
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Mar 10, 2024
With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.
In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in... View More
Wife accrued debt prior to marriage. During course of marriage, debt was consolidated. Would husband be responsible for the ex wife’s debt after divorce?
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answered on Feb 7, 2024
This question's simple answer is that once separate assets are commingled with marital assets, they become marital assets. Separate debt commingled with martial debt becomes marital debt.
The question's more complicated and more accurate answer is that Pennsylvania is an equitable... 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
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answered on Feb 6, 2024
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.
There are very many moving... View More
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
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answered on Jan 4, 2024
This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.
The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in... View More
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answered on Jan 3, 2024
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
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answered on Jan 1, 2024
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
Filling out the jurisdiction affidavit to file in ny. The affidavit gets filled out to ny? Yes/ no?
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answered on Jan 1, 2024
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?
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answered on Jan 1, 2024
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
Without my consent and he has been asked to remove it. On this profile my father is seeking sexual companionship. My father resides in North Carolina
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answered on Dec 31, 2023
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
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