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My long term girlfriend and I just moved into a one bedroom apartment. I have a 3 year old son who I have partial custody. We have arranged his own bed for him in our one bedroom and a dresser. Is this legal? We can’t afford a 2 bedroom yet.
answered on Feb 17, 2022
I'll answer based on New York law. If you are in a different jurisdiction, consult an attorney in your jurisdiction.
In a word: "Yes". The co-custodian may object, but unless there is an objectively sustainable reason otherwise, there should not be an issue. You are, of... View More 
Mother of three. One of wich is disabled. I pay co-pays upfront and he will not reinburse me. He claims I do not give him copies. He plays games and I have to constantly chase him to try and get medical expenses paid. Now bills have gone to collections and He owes me over $2,000 of medical co... View More
answered on Sep 23, 2019
This is a “good-news/bad-news” situation.
The “bad news is that if you file a Violation Petition (Infer that you have a court order directing him to reimburse you), if he is unable to afford an attorney, he’ll get an appointed attorney at no charge to him.
The good news is... View More
We married in the state of Texas on April 1, 2013 and my eligible for his pension and alimony
answered on Apr 17, 2019
A lot depends on facts. I’d be happy to spend some time on the phone with you to explore your options. (518) 884-0000.
sign?
answered on Dec 4, 2018
You are responsible for and expected to travel at the speed that is posted and that applies to the roadway you are on.
Fathers insurance is super expensive even though it’s through his employer and both my children have insurance through my Medicaid.
answered on Nov 16, 2018
The court will generally require a parent with available health insurance to carry the kids rather than burdening publicly supported benefits.
answered on Sep 25, 2018
If you are asking whether the Respondent against whom you are seeking an order of protection (OP) can get an adjournment, the answer is "It depends". Has a court already issued an OP against the person seeking a postponement (adjournment)? The court will probably grant the request... View More
with me, and his dad is refusing to give him his clothes/sneakers, we are in NY is this legal?
answered on Apr 11, 2018
Is there an existing Order (Family Court, or Supreme Court Judgment of Divorce) that gave dad primary custody? If so, you should bring a petition in Family Court to MODIFY an existing/previously issued Order (you'll need to attach a copy of the existing Order if you have it). If there is NO... View More
Or will it just be a fine? I was going 97 in a 50 and I got one for being in the left passing lane. I’m only 18 I’m broke and I can’t afford a good lawyer so I just wanted to know how bad this is for me. This is also my very first any kind of traffic ticket/speeding
answered on Mar 13, 2018
Well, yes, you have a problem. First, I'm not sure how points are assessed in NJ, but in NY, 47-mph over the limit is an 11-point violation (which gets you the jackpot: automatic suspension of your driving privileges (the traveling in the wrong lane will add points, also). Second: NY and NJ... View More
Is there a time limit to the amendment. it was filed about two weeks ago and I had to read it over again to discover the error. Considering it might have reached the judge by now.
answered on Mar 5, 2018
I assume that you are saying that your lawyer made an error in the counterclaim. If that's the case, he/she should immediately draft, file and serve an Amended Answer and Counterclaim. His/her cover letter should also state that the error eas his/hers, and not you changing your story.
The judge assumed my income and after presenting proof of income and tax returns. She said I have to go before a new judge to go over her ruling. What forms do I file? I have been doing this without public defender or attorney. I am being asked for 28.5% of my income for one child, not 17%.
answered on Feb 9, 2018
I'm guessing there are a few things missing from your narrative. First, please note that to the extent any of your descriptions or facts are related to GA proceedings, I am not licensed or admitted in GA. Next: in NY, Support Magistrates generally preside over support proceedings in Family... View More
My children live with their mother my ex wife, but we have joint visitation/custody.
My daughter in high school , she gets a 2000.00 discount as a financial tax break filed by my ex wife using her salary as the basis.
I pay 58% as per the divorce agreement of her tuition amount as... View More
answered on Jan 23, 2018
Not sure I understand the question. Discount on the tuition? Or, a tax deduction? If your ex-wife pays $6450 tuition after a discount of some sore, you'd pay 58% of that. I'd suggest you go back to your attorney and have him/her explain to you just what it is you agreed to in your... View More
answered on Jan 7, 2018
Where are you located? Where’s mom now? File a custody petition.
If he and the mother part. He is currently living with the mother and child and had been for all the years of the child's life
answered on Nov 27, 2017
Yes, the father has the right to shared access (that is, e.g., custody, visitation, parenting time, possibly child support and, absent extraordinary circumstances, the right to joint legal custody). A significant issue suggested by your location(s) is jurisdiction and venue. If you reside in... View More
The child is 17 & has been living with his grandparents for about 6 months, but I have continued paying support to the mother. He quit school, got into trouble and he is now incarcerated for the 2nd time in that 6 months.
answered on Nov 10, 2017
You should not unilaterally stop payments. File a petition for modification citing the significant change in circumstances.
We have custody, other parent is petitioning for custody and only has visitation every other weekend. Per the court order we have now picking up the child from school is out of her scheduled visitation. The law guardian office has not notified us of this either, it is coming from the other parent.
answered on Oct 9, 2017
In a word, "no". An Attorney for the Child (formerly known as a "law guardian" in the context of Family Court cases) cannot overrule a judge's Order. Period.
father's estate in foreclosure. How to claim the life insurance? No one wants to be admin with foreclosure?
answered on Aug 30, 2017
This is not a Family Law issue. You should post it to Probate.
I have a 13 year old who have witness fights and arguments that me and her father has, as well as him having a baby by another women. So, when it comes time for her father to discipline her she does not listen to him, so when he decides to yell at her to do what she has to do it becomes a problem... View More
answered on Aug 17, 2017
The court will consider her wishes. That said, 13 is a bit young for a child to be the tail that wags the dog, especially if dad wants to "fix" the relationship.
Is there a present Order of custody/visitation/access? If there is, any change would have to be addressed by the court... View More
The custody paperwork doesn't mention anything about child support. I give her an amount we agreed upon monthly.
answered on Jul 25, 2017
It depends -- First, what "custody paperwork" are you referring to? If there is an existing Order of Custody, and it is from a court in one state or the other (NY or OH), it may provide some guidance as to whether that court retained jurisdiction, and whether that jurisdiction extends to... View More
If i file for a legal separation until I am ready to divorce will this put a financial hold on his 401k?
answered on Jul 25, 2017
Without more (e.g., a court order obtained through an order to show cause), no. If you file a matrimonial action (Action for Divorce), even by Summons with Notice, your attorney should include New York's "automatic orders" that will subject your husband to contempt charges if he... View More
answered on Jul 25, 2017
Your question is best addressed by an experienced traffic violations attorney in the area where the ticket was issued. If VA is like NY, your past driving record will be important, so you should be prepared to disclose your driving record to the VA attorney(s) you consult with. (You can get a copy... View More
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