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.
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
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
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
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
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
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?
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
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
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
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
I was given an appearance court date of December 15th. Should I plead quilty and what can they do?
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
I never received the first certified letter allowing me to file for arbitration - had collection agency now threatening court.
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
He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.
answered on Jul 11, 2021
This is both a conflict of laws and jurisdictional question. You must look at residency. Florida seems to be the obvious. For New York you must have residency for more than one year. It’s residency in a jurisdiction which give rise to jurisdiction over the marriage. In New York you have... View More
answered on Apr 18, 2021
The likely charge would be felony level Menacing. Threatening a person with a deadly weapon. If it was used it would be assault first or second. In any event it is serious
answered on Dec 28, 2020
Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... View More
i want to respond to my ex & tell him i don't think he can deny me the vacation time I requested w/out having some prev scheduled conflict per our custody agreement but he thinks he has the right to tell me no. who can help me interpret custody agreement? i hope to get answer soon as the... View More
answered on Dec 5, 2020
He cannot deny you if its in the agreement. however Christmas schedules spelled out in the agreement may trump the vacation access. A lawyer would have to read the exact language of the custody access agreement to give an absolute answer. That being said if you have primary custody and there is no... View More
answered on Oct 9, 2020
From the time of filing to the time of service can be days. Process servers are very good and find the defendants quickly
answered on Sep 14, 2020
Yes. PL 265>3 is a C Violent felony for possessing a loaded gun outside of the home or office. That is very serious a month does not go by when I don't have 2-5 new gun cases retain my services. There are many things a skilled defense attorney can do to get a better plea or perhaps... View More
A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that
answered on Aug 28, 2020
That is an outrageous statement but it probably would not qualify as a hate crime. Since it is published on a media platform It could be libel because of the defamatory nature of the words
The father has an active stay away child endangerment charge and there is an open domestic violence case
answered on Aug 23, 2020
Yes . Child support is determined by section 240 of the Domestic Relations law and its mirroring Family Court Act provision. It sets forth a schedule with very specific rules for basic Child Support. The rule is 17 % for one child 25 % and a % for each additional child. there are rules for backing... View More
Its a 180.80 motion
answered on Aug 13, 2020
It must be sent to the court and to the District attorney. Felony hearings and 180.80 time periods have been extended during court shut down. You can do your motion but local criminal courts are just starting to resume. September is goal for all local courts to resume .
I paid the bail in full.
Charges : damage property and 2 trespassing
The charges were filed on Oct 2018
answered on Aug 8, 2020
It depends especially how long you skipped out. If you have a lawyer and surrender its possible the fail would be restored for yhe first no show if it was more than the court could hold you until case is completed. On a misdemeanor the maximum sentence is one year which is actually 8 months when... View More
Husband is from Africa, rushed to get married so that we may file for status here but decided to break up due to cheating on his side. We filed but I withdrew it. Is it possible to get divorced without any legal issues happening? What can I do? We both want the divorce and have no assets and do not... View More
answered on Aug 7, 2020
In New York we have a no fault ground for Divorce, Irretrievable Marital differences. You can get a divorce . There are forms on the unified court system website . However its best to consult a lawyer. Your admission of why you married could be construed as marriage fraud. Its a Federal offense... View More
answered on Aug 1, 2020
Under both New York and Federal Law a telephone call can be recorded so long as one party to the call consents. That means you could place a call and record the other party .
You cant set up a device which records conversation with two or more people none of whom consented or where the... View 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.