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Questions Answered by Michael J Stachowski
Q: Child visitation order violation and child's well-being concerns in New York.
I am involved in court proceedings with my child's other parent in New York. The other parent has temporary visitation and is supposed to contact my child through a specific parental app at a set time, as directed by the court order. However, they frequently call at different times and use... View More 
Michael J Stachowski
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answered on Apr 11, 2025
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answered on Apr 11, 2025
You should file a combined contempt and enforcement petition coupled with a change of custody It is not in the best interests of the child to sleep with her father. I’d contact the attorney for the child because if there is one a pitiful. For change coming from the attorney for the child... View More
Q: I'm 16 right now, turning 17 on August 4th of this year. Can I leave on August 5th?
The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More
Michael J Stachowski
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answered on Feb 13, 2025
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answered on Feb 13, 2025
The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More
Q: Hi my name is glory-now we want to get divorce after 17 years.can I get the alimony? And the pension?Thank you!!
Michael J Stachowski
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answered on Dec 15, 2024
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answered on Dec 15, 2024
The pension in New York is governed by the Majauskas formula the months of the marriage over the months of employment x 1/2. Maintainance or alimony is governed by a statute analyzing both incomes and producing a a result. Get a good divorce lawyer and these beneficial legal rights will be... View More
Q: Can THEY put me in jail ?
I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More
Michael J Stachowski
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answered on Dec 1, 2024
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answered on Dec 1, 2024
Given the circumstances and your clean record it is unlikely that you will face Jail. Hire a good criminal lawyer. This case seems to cry out for what in New York is an ACD Adjournment in Contemplation of Dismissal. It may require a mental health assessment but a Good criminal Lawyer can guide... View More
Q: My husband was charged with conspiracy with the intent to distribute large amounts of cocaine and fentanyl last oct
(2023) he was released on pre-trial but in Feb he was picked up for failure to report he's been there since it's now almost Dec 2024 no court date was told to him by lawyer and no offer's have been made yet
what is going on
It's a federal case
Michael J Stachowski
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answered on Dec 2, 2024
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answered on Dec 2, 2024
I have worked on many Federal Drug conspiracy cases They often take 3 or more years to get to trial. Often the delay is intentional on the part of the Government especially with detained defendants. This is done in order to get defendants to proffer and assist in prosecuting those most... View More
Q: In NYS, do I have to continue paying my ex-wife maintenance payments if she moves in with another guy?
Michael J Stachowski
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answered on Nov 14, 2024
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answered on Nov 14, 2024
Yes!, unless your separation -Property settlement agreement contains a paragraph terminating alimony/maintenance upon continuous cohabitation with an unrelated male. There is another but more costly route a motion in Supreme court to cancel alimony/maintenance based on holding out as the spouse of... View More
Q: can your wife take your children and establish residency in another state if you do not want your kids to live there?
What recourse do you have to ensure you still have access to your children?
Michael J Stachowski
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answered on Sep 27, 2024
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answered on Sep 27, 2024
Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More
Q: Can judge issue bench warrant, jail, order pre trial probation then recuse for conflict of interest 1 month later
Michael J Stachowski
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answered on Apr 28, 2024
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answered on Apr 28, 2024
This fact pattern is somewhat strange , however the judge in question has the authority to issue a Bench Warrant when a defendant fails to appear for a court appearance. He can revoke recognizance bail or cash/ bond bail and impose release under supervision of the probation department as a form... View More
Q: If charged with first-degree manslaughter, do I have a right to speedy trial?
Michael J Stachowski
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answered on Mar 18, 2024
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answered on Mar 18, 2024
You always have a right to a speedy trial. However you should not rush a manslaughter trial because it needs proper investigation. Your case should be properly prepared for trial. All your witnesses need to be identified and the testimony prepared and ready for trial. A quick resolution is always... View More
Q: Fighting for paternity. Mother of .my child had another man sign the birth certificate
She had another man who is in no way possible the father of my child sign the birth certificate. I've filed for custody but im not sure what to expect. She's also married to someone else.
Michael J Stachowski
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answered on Jan 29, 2024
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answered on Jan 29, 2024
With the facts as you state them, you need blood tests as a threshold . You must first prove you are the father. A DNA test of mother, father, and child will reveal positively your Paternity of the Child. Once the paternity is established you have standing to petition for Custody. You will have... View More
Q: If child support isn’t court ordered , does it have to be paid ?
My kids dad and I have a separation agreement he has to pay 2,600 but it says once it’s approved by the judge … so he doesn’t have to pay child support till then ? Bc he was and now he isn’t . So can I take him for back child support? Or no because he isn’t forced to pay till the divorce... View More
Michael J Stachowski
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answered on Jan 15, 2024
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answered on Jan 15, 2024
That is not true once the agreement is signed the obligation for child support is in effect. His obligation commenced when he entered into the agreement. You can go to Family court to enforce it it is not an executory agreement as he suggests requiring an incorporation into a Divorce decree to be... View More
Q: following the exaction of this agreement means?
Husband shall pay to the Wife the sum of $2,600.00 per month as and for basic child support which shall be made by certified funds on or before the first day of each month following the exaction of this agreement. So that means if this takes months ..he doesn’t have to pay child support till this... View More
Michael J Stachowski
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answered on Jan 15, 2024
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answered on Jan 15, 2024
The answer is simple. Your agreement states child support payable first month after execution of the agreement. Therefore child support is payable and is accruing. You will have to go to court to enforce it. You should get a lawyer. He may also be responsible for fees. Consult a lawyer
Q: I need to ask the Support Magistrate who made my child support order a question adout my case.
I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?
Michael J Stachowski
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answered on Dec 16, 2023
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answered on Dec 16, 2023
This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More
Q: Is it a violation of custody order if one parent purposely excludes the other parents info on therapy info forms?
Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the... View More
Michael J Stachowski
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answered on Dec 16, 2023
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answered on Dec 16, 2023
This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to... View More
Q: Can I move my custody case from Niagara to Erie County due to fairness concerns?
I initially filed a petition in Erie County, but Niagara County requested the case due to "known history," as per a call from the court clerk. The original order was made in Niagara County, but now the child attends school and resides in Erie County with the mother, and witnesses are also... View More
Michael J Stachowski
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answered on Jun 12, 2025
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answered on Jun 12, 2025
your facts, clearly, reflect that the important contacts with this case are in Erie county. Those are the traditional contacts which reflect FORUM NON CONVIENIENS. Such a motion should transfer the case back to Erie , the proper forum, in this case. Michael J Stachowski 2025 Clinton St Buffalo... View More
Q: First DWI in NY with .15 BAC. Chances of charge reduction?
I was charged with my first DWI in New York. I have no prior offenses, and there was no accident or passengers involved. My BAC was .15. I was stopped for moving unsafely between lanes. During the arrest, I informed the officer that I had two drinks at the bar. My court date is on July 10th. What... View More
Michael J Stachowski
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answered on May 27, 2025
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answered on May 27, 2025
It depends on jurisdiction and aggravating circumstances. I'm in Buffalo NY I have pled down .15 to impaired or tried them to impaired. As a first time offender you are likely to end up with an impaired. I have been successful in every case I have with a .15 that is the close call cut off.... View More
Q: I need advice on a family sole custody battle I am in. It has been sent to trial and my attorney hasn’t responded yet.
Michael J Stachowski
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answered on Jan 27, 2025
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answered on Jan 27, 2025
Get a meeting its important that he prepares for a trial. The issues are contact and activities with children. Who takes them to doctor , who reads with them, who spends quality time with them. This narrative shall be done by by you and MUST be corroborated by independent witnesses. The lawyer... View More
Q: I got an email from google saying information related to my account has been subpoenaed by the FBI
I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means
Michael J Stachowski
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answered on Jun 24, 2024
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answered on Jun 24, 2024
It means Both the FBI ans the DOJ want to see your google account. I'd advise you to retain a lawyer familiar with Federal procedures.
Q: I was arrested for Petit Larceny, 155.25. This is first offense. Walmart said I stole 108.00 worth.
I was given an appearance court date of December 15th. Should I plead quilty and what can they do?
Michael J Stachowski
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answered on Dec 3, 2022
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answered on Dec 3, 2022
No you should not. You should plead not guilty and get a criminal lawyer. It is a crime In most first offense shoplifting cases an experienced criminal defense lawyer can obtain a non criminal resolution. Contact a lawyer now he can be at arraignment and walk you through the process. I have... View More
Q: My divorce attorney who I fired because he never reached a settlement is now over a year later wants $8000.
I never received the first certified letter allowing me to file for arbitration - had collection agency now threatening court.
Michael J Stachowski
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answered on Jul 5, 2022
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answered on Jul 5, 2022
File a grievance he has to bill every 60 days under the milonas rules Call the bar association and ask for arbitration. Read your retainer agreement it should say he will bill every 60 days if it does and he didn’t you have a defense. In your grievance mention he took you to collections without... View More
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