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Questions Answered by Stephanie E. Emanuel
1 Answer | Asked in Business Formation on
Q: How much does it cost to send a legal notice in India?

I wanted to file legal notice to my colleague who has taken my money for the last 8 months, can anybody help me out, how much does it cost to send a legal notice?

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Dec 13, 2019

Is this a personal matter or business? Are both parties US Citizens? How was the money given, and for what purpose? Is the litigation going to be handled in the USA or India? There are more questions to ask. However, generally speaking, a Demand Letter might be the first step in the process. Please... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: I just have a question. Im currently going through a divorce my first court date is next month.

And because my husband is in and out of jail I requested that before he sees our daughter he wait until we have a visitation agreement through court. Now he's upset by that and saying when we go to court next month he's going to tell the judge I forged all the paperwork which is false, he had his... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 25, 2019

Your situation is not clear. It appears that you are representing yourself in court. Family Law is all about he - say, she - say environment, where the expertise of an attorney will be used to provide bases to such claims. Alimony and Child Support has to have merit in order to be granted under the... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: if my aunt has custody of me can i go to school with my mom If they both and my dad are okay with it

I’m 16 and the schools (because they’re different school districts) said it’s fine but what about the law

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

Yes, and let them know to contact a lawyer if they have any questions.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Will I get in trouble for not showing for proceedings?.

My mom got served child support paperwork at my previous address.. I no longer live in nyc and my name is not on birth certificate.. the child is 5yrs old now..

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

If you do not show up in court, you are demonstrating to the court that you are a careless person and does not care about the child. This decision of yours can haunt you for the rest of your life. Supposed, you get married, and your spouse sue you for divorce and custody of new kids and the lawyer... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: Mom of 1, pregnant with another. Dad decided to leave n was paying rent. How do I get him to help so we R not homeless?

We have been together for many years but we are not married. He has a good Job making over $80000 a year. When time comes for me to give birth I will have to stop working and my job doesn't have maternity leave.

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

Put him on child support right away for the child with you. Otherwise, if he decides to hide away, it may become impossible and burdensome to locate him. Please contact an attorney right away.

Please keep in mind that not all lawyers are the same, therefore be very cautious as to which...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My court order says I can't leave the county but if I move out of state can I get in trouble?

I was granted sole physical and legal custody of my son in March of 2013. Since then his dad has seen him once on Thanksgiving 2013, his great grandmother's birthday in Aug 2014, and two days in a row in the summer of 2016. He talks to his dad on the phone rarely. The last call was Christmas 2017.... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

Why did your lawyer advise to withdraw your petition? You might get in trouble, but it will depend on the parenting/custody order. You said it only talks about traveling out of the country, than based on that you can travel out of state without a problem, as long as you notify the court of your... Read more »

1 Answer | Asked in Adoption and Family Law for New York on
Q: The bio father has agreed to sign over his rights to my current husband. What do I do next?
Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

You should consult with a lawyer, to make sure this is done properly and not create problems in the future.

Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Hi, my son's father is suing for joint custody&visitation.

Hi, my son's father is suing for joint custody&visitation. When the judge decides on the terms will I receive them in writing before they are enforced?Thx

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

If you have been served and do not respond or hire an attorney to represent you, then most likely, you will not receive the judgment, until you go digging for it. It's better to contest the child custody dispute if you want to be involved with the children.

2 Answers | Asked in Family Law and Child Support for New York on
Q: Can a person's possessions effect child support amounts?

My ex is taking me to court out of spite, for child support after ten years of him telling me that my kids don't need me, my help and would be better off without me. He NEVER asks me for money or anything to help my kids. He is a truck driver, he's buying an old Amish farmhouse, has two horses, 3... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

His assets do play a role in the child support cases. It can be used both in a positive and negative way. A positive way to increase child support, if any of his assets or possessions are generating income. The negative way to decrease child support is to demonstrate that these assets are part of... Read more »

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1 Answer | Asked in Family Law for New York on
Q: What can If my son's father will not answer the phone to do our daily call between me and our son

Came to NY to get on my feet because FL us not giving me the help I need. Temporary living here. Now my son's father will not answer any of my calls

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Feb 4, 2018

Who has the child? If you have the child and he is not answering the scheduled calls than there is nothing you need to be worried about. Is there a custody order in place and did you have permission to move to NY?

Please keep in mind that not all lawyers are the same, therefore be very...
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1 Answer | Asked in Family Law for New York on
Q: Am I obligated to send my baby to see her father? What are my rights here?

From the beginning I told him I want her spend time with him and get to know him. I always work with him even when he has attitudes and is angry at the fact that we are no longer together and decided to no longer give me any funds to help me with her. But 3 days ago when I was dropping her to spend... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 30, 2018

He is not on the birth certificate, so technically he has to prove that he is the father through court in order to obtain visitation and custody. Unless you acknowledge the fact that he is the father and then you will be liable to grant him his parental rights. So, for now, you don't have to grant... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: Paid child support 1 1/2 years before petition was filed, judge mentioned a credit for that at preliminary hearing. NYS

What will this credit include? not looking for credit on child support but don't want to pay alimony and she is seeking it. Will this credit cover the cost of alimony?

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 30, 2018

The credit the judge is referring to will cover child support. However, for Alimony you need to work with a lawyer to contest it, otherwise most likely if she is determined to seek it, she will get it.

Please keep in mind that not all lawyers are the same, therefore be very cautious as to...
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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: I just received court documents from my son mother for child support, my son currently reside in Jamaica.

I live in New York, am a citizen he is green card holder 6 years old, mother has traveling visas, what are my options moving forward?

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 28, 2018

How much is your income and child support? Do you want to pay it or terminate it? We can help you stop child support and stuff. Please call to provide us more details on the case.

Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law...
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1 Answer | Asked in Child Custody for New York on
Q: I have sole custody of my son. My sons father recently took him on vacation without telling me what can I do?

He Made my son lie to me the whole time they were out there so I wouldn't know what was really going on. Mind you my son was suppose to be in Boston with his uncle , instead his uncle took him to the airport and send my son alone in the plane to meet up with his dad.

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 28, 2018

What was your son doing with his uncle?

2 Answers | Asked in Family Law and Child Custody for New York on
Q: How do I get custody of my son when he is in Florida. And I live in new york he won't let me see him.
Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 28, 2018

You will need to hire an attorney in Florida. Luckily we travel state to state, case by case bases. We would like to know more details about the case to better assess the situation and go over your options.

Please keep in mind that not all lawyers are the same, therefore be very cautious as...
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1 Answer | Asked in Child Custody and Family Law for New York on
Q: Ex husband has placement, joint custody, and is married to a felon.

I do not have placement of my children because my ex screwed me over years ago, and we live a good distance apart. We do have joint custody and I have my visits. I have recently found out that my ex Husband's wife is on a wanted list for 4th degree grand larceny. She has two outstanding warrants... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 28, 2018

Without you reporting her can still play a favorable role in attaining the majority of the custody of your children. However, custody orders are not solely based on facts. They are also dependent on how the case is presented to the court, who is presenting it, and how it's going to impact the... Read more »

1 Answer | Asked in Child Custody and Child Support for New York on
Q: My court order limits me from moving outside of Monroe county and my spouse was offered a job in NC, are there options?

My custody and visitation order between my daughters father and I states that I can't move outside of Monroe County, however my wife has been offered a job at a prison in North Carolina. I was wondering if there was a way to request an adjustment to my order and what the chances are that the judge... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 28, 2018

You can certainly request the court for custody modification, however, like you said will the court/judge approve it? This depends on the lawyer you hire and the details of the case. Many lawyers will be so quick to say yes, Hire me, I can get the job done, asking for a retainer before even looking... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Will I be able to have my son fully even if I am not marry and decide to not live with the baby’s dad anymore?

The baby’s dad and I are not marry and we live together but he is on the birth certificate. I am currently still a student and I do not have a income to support but my parents in Texas are willing to look after my son and I’m currently in NY.

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 28, 2018

How can your parents look after the son while they are in Texas, unless you are planning to Texas with the child, which might not be possible so unless they decide to come to New York and help look after the child or are you saying they are willing to help you financially to take care of the child.... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Want to file for sole custody of my almost 2Yr.The father currently has a warrant for assault Of a family member

How should I go about this want to protect my family and my self but still want my child to be apart of her father but I don’t want contact with him do not want thwarted are my options. I have been finically supporting my child since birth and she lives with me

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Jan 28, 2018

First of all, I understand completely as to why you are pursuing sole custody of the minor child. You should keep in mind that while you have the safety of the child at heart, the court has the best interest of the child at heart. The court will allow and want you to co-parent the child. You can... Read more »

1 Answer | Asked in Child Custody for New York on
Q: Can a judge not award custody to the father even when the mother and child are living in a shelter and she is an addict?

My sons mother is a drug addict. Her brother od’d in her appt, and they were living without heat or hot water. The police have been called to the house and she even admitted to them she had been using and locking the 2 year old in his room. Even her parents and siblings have all written testimony... Read more »

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Dec 18, 2017

Speak with a competent attorney to get the judge to reconsider his decision.

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