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Questions Answered by Yasmin Gamboa
1 Answer | Asked in Real Estate Law for New York on
Q: with heirs property, how can you gain ownership of the property

if a single person has paid all taxes and household bills

Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

if there is a will which stipulates that the property is left only to you. If not, then if there are more than one heir they share equally.

1 Answer | Asked in Family Law for New York on
Q: I am 22 years live in Nys and my father has never paid for child support. Can I file for child support now?
Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

No. A parent is responsible for child support until the age of maturity -- 21 yr old. In some cases this can be extended until post college, but usually requires several variables. Also, In NY under very limited circumstances can a handicapped child receive child support past age 21.

1 Answer | Asked in Family Law for New York on
Q: are there vitation rights for grandparents??

Because of an argument with my son 10 months ago ,I have had zero contact with my 5 year old grndson

Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

The law says that parents have a 'fundamental right to raise their children as they desire', including who visits their children. Therefore, in New York the court will only grant visitation to grandparents if doing so would be in the best interest of the child.In New York, grandparents have a... Read more »

1 Answer | Asked in Child Support for New York on
Q: Do I have to pay child support for kids in new york if I terminated my rights 14 years ago
Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

Depends on what you mean by terminated your rights.

1 Answer | Asked in Family Law for New York on
Q: Can I take my chile out of the state while his father is paying child support

I'm planning on moving to another state but the father will be paying child support. Is that something that I'm allowed to do or no?

Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

If the father has visitation or shares custody you need the court's permission to move to another state. If father doesn't share custody he may still be able to stop you. It is best to make sure the father agrees to your move, and if he objects get the court's permission.

1 Answer | Asked in Collections for New York on
Q: My mother died and the gas company has turned her name into a collection agency. Who is responsible for the bill?

She had no life insurance. Her estate consists of a car and $300.00. I am an only child and she left what she had to me in her will. The agency added a thousand dollars to what was owed bringing the bill up to $3,989.75. Am I responsible for this and should I get a lawyer? Thanks in advance for... Read more »

Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

Her estate is responsible for debts. Any money left should go to pay the debt, if she died destitute then you may not be responsible for debt, but if there was enough money left to pay all or part you would need to do that. Try working it out with the electric company. And yes if you don't have the... Read more »

1 Answer | Asked in Family Law for New York on
Q: my gf left NY to CA with our son, saying she does't have to come back for court out here, even if i file. is this true?
Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

First thing is you need a court order judgment on custody. You need to file for custody ASAP. Take if from there.

1 Answer | Asked in Family Law for New York on
Q: what else can my dad do to get custudy of me?

im 13 years old.my parent are sepurated and i live with my mom. my mom is involved with drugs and alcohol but will not let me live with my dad.he has taken her to court several times but the judge sides with my mom.i have talk to law guardians , cps , my mothers preventetive worker , my therapist ,... Read more »

Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

if you feel unsafe call Child Protective Services or the police. CPS has a responsibility to remove you if things are unsafe.

http://www.ocfs.state.ny.us/main/cps/

1 Answer | Asked in Family Law for New York on
Q: Can my 2yr old son's paternal grandmother prevent me from having my son back after she babysat for a week?

My 2 year old son and I gave always lived with my mother. Neither my son's father or I have custody papers. I've had 3 restraining orders because a of my ex's violence against me. He has assaulted my mother as well. While I work a night shift, my son's paternal grandmother and my mother have agree... Read more »

Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

She has not right to your child at the moment. You may go to the police and have them go with you to get your child. However, if the child's father is there he has rights to his child, especially since there are no custody ruling.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What to do if my roommate refuses to pay rent?

This person is not on the lease.

Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

Normally if a roommate is on the lease, you would need to inform your landlord. They can send a notice warning eviction.

However, since your roommate is not on the lease, your only option is to start the eviction process against him/her.

If you are in NYC you may get more...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Should I have an attorney if I am signing a rental lease for one year and paying the year lease in full?
Yasmin Gamboa
Yasmin Gamboa answered on Jul 15, 2014

It is always a good idea to have an attorney review all contracts (includes leases). With that said, most people don't use an attorney to sign a lease. However because you are paying a large sum, it might be best to make sure that if the lease terminates early, for reasons stated in the lease, you... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can I put my child father on child support even if he wants to give away his rights
Yasmin Gamboa
Yasmin Gamboa answered on Jul 11, 2014

Your child's father will still have to pay for child support. He may ask the court to terminate his rights, it will be hard to terminate; however, since not wanting not to be the child's father is not sufficient.

1 Answer | Asked in Family Law for New York on
Q: If my 19 Yr old son moves out on his own do I gotta pay child support
Yasmin Gamboa
Yasmin Gamboa answered on Jul 11, 2014

Although the age of majority is 18, for child support purposes NY law, in most circumstances, makes you financially responsible for your child until 21. However, if your child becomes financially self-supporting and live apart from both parents or gets married, joins the military, etc. you may be... Read more »

1 Answer | Asked in Family Law for New York on
Q: my friend kid's are in the system and she wants to give me full custody of both her kid's, how fast is the process?
Yasmin Gamboa
Yasmin Gamboa answered on Jul 9, 2014

Getting custody of children that are in the system depends on many factors. If ACS is involved, she can't just give you custody, since ACS has custody.Usually immediate family can petition for custody, not friends. She can make a request to ACS and they may be able to be fostered to you, if you... Read more »

1 Answer | Asked in Family Law for New York on
Q: I have 2 kids with my ex husband he has been paying child support with no court order am I entilted to child support

First if he had another child since we split up she is taking him to court so I want to make sure my kids will still be takin care of even though we dont have a court order

Yasmin Gamboa
Yasmin Gamboa answered on Jul 9, 2014

Yes, your children are always entitled to child support, regardless of how many children the father has total. You don't need a court order to get child support, you do need one if he stops child support. Keep records of how much he gives you and how often, that way should he stop giving you child... Read more »

1 Answer | Asked in Family Law for New York on
Q: can I get custody of my kids they live with me

the mother do not live with us

Yasmin Gamboa
Yasmin Gamboa answered on Jul 9, 2014

It depends on how long the children have lived with you, but the short answer is yes if you are the main caregiver. You need to petition the court for custody. You may either hire an attorney or file on your own: http://www.nycourts.gov/forms/familycourt/custodyvisitation.shtml

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