Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Andrew S. Tabashneck
1 Answer | Asked in Family Law and Child Custody for New York on
Q: My custody agreement states that I can't move out of New York State. What steps do I need to take to make it so I can.

The father doesn't come around much. And I don't want to be stuck in the north country when I can be making a better life for me an my daughter. There's no work around here..

Andrew S. Tabashneck
Andrew S. Tabashneck answered on Oct 21, 2017

Based on the facts you have described, my understanding is that you have been granted custody of the common child and you are seeking permission to move away from the area in which the non-custodial parent resides.

In order to relocate with your child outside of New York State, you would...
Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My son's father hasn't seen, talked, or anything of that nature to my son for 3months and 2weeks. What should I do? NYS

My son's father hasn't seen or talked to my son in 3months and 2weeks. He says he wants him but doesn't show, he tells me every visitation time that he doesn't want him either the day before or the day of. I'm sick of him doing this to him. My fiance wants to adopt my son... Read more »

Andrew S. Tabashneck
Andrew S. Tabashneck answered on Oct 20, 2017

In order for your Fiancé to adopt your child, the father must either agree to give up his parental rights in writing or a basis must be established that would justify terminating the father's parental rights. Under New York Statute, the court is authorized to terminate parental rights where... Read more »

1 Answer | Asked in Divorce for New York on
Q: Hello Sir My wife gonna file a divorce for me. She lives in Florida.can i fill out paperwork from NewYork?

She send me a paper to fill out. Now i am not sure can do paperwork from NewYork attorney or i need a lawyer from Florida?

Andrew S. Tabashneck
Andrew S. Tabashneck answered on Oct 19, 2017

You could likely complete the paperwork from New York pro se and the court may allow you to appear via telephone. However, an attorney in New York could most likely not complete the paperwork on your behalf and then submit it to Florida, unless the attorney is licensed to practice in the State of... Read more »

1 Answer | Asked in Family Law for New York on
Q: can I move to Georgia my with my son, even if the father of my son which was never my husband refuses to let him flight?

My son is 4 years old. His dad barely sees him and don't want to sign papers for my son to flight with me and I have a job opportunity in Georgia. Can he take me to court if I decide to drive over there?

Andrew S. Tabashneck
Andrew S. Tabashneck answered on Oct 19, 2017

This is a somewhat complicated question and seemingly small facts may have a big impact on the outcome of the case.

First, if you decide to petition the court to relocate, the court must determine, based on all of the proof, whether you have established, by the preponderance of the...
Read more »

1 Answer | Asked in Family Law for New York on
Q: Order of protection

In-laws approached me at a child soccer game onschool grounds. I asked them to,leave me alone. They kept telling me to call the police. I was forced to take my children and leave the game. Police say call family court for order of protection. Court says no. Now what? I asked these people 2 yrs ago... Read more »

Andrew S. Tabashneck
Andrew S. Tabashneck answered on Oct 19, 2017

In an Article 8 proceeding, an ex parte temporary order of protection may be granted “for good cause.” The petition must aver facts, not conclusions. Once granted, the order expires on the hearing date following service of the summons upon the respondent, unless it is continued.

An ex...
Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I was caught shoplifting... I know stupid and no excuse. Item was under $25 and 1st time ever in trouble so no police,

I was caught shoplifting... I know stupid and no excuse. Item was under $25 and 1st time ever in trouble so no police, no arrest and no charges. Was told if caught again (which won’t happen) then Iit would be much worse and that id possible receive letter in mail for amount of item or up to 10... Read more »

Andrew S. Tabashneck
Andrew S. Tabashneck answered on Oct 2, 2017

First, I want to emphasize that this is not legal advice so please do not rely on it. This message merely reflects my personal beliefs based on my limited knowledge of background checks.

That being said, to the best of my knowledge (and I could be incorrect), if you were not arrested or...
Read more »

1 Answer | Asked in Divorce for New York on
Q: Hello, My ex wants to separate assets before he files for a divorce. Is that a requirement for filing for a divorce?
Andrew S. Tabashneck
Andrew S. Tabashneck answered on Oct 1, 2017

First, specific facts could drastically change the analysis and this is not legal advice so do not rely on this information. Please consult an attorney.

Notwithstanding that point, you both could agree in writing to separate assets before the divorce, then once the divorce process is...
Read more »

1 Answer | Asked in Criminal Law and Immigration Law for New York on
Q: Can I change my court date ?
Andrew S. Tabashneck
Andrew S. Tabashneck answered on Aug 31, 2017

You or your attorney, in court, could request an "adjournment." You could also request an adjournment for the purpose of securing representation. Whether the court grants the adjournment is within its discretion and the court can consider many factors in making that determination.One... Read more »

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: do i say "never been arrested for a felony" on job applications, if my misdemeanor is going to be sealed in a 2 weeks ?

so my 6 month probation period is almost over for my petty theft charge. According to the judge, my case will be sealed because of a first time offense

Andrew S. Tabashneck
Andrew S. Tabashneck answered on Aug 30, 2017

It sounds like you were arrested for petty theft ("an unlawful taking of property or services valued at no more than $1,000") which is a misdemeanor, as opposed to a felony. I am curious, what were you originally arrested for? If you were never even arrested for a felony, you can answer... Read 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.