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I am not a lawyer. the Pastor of my church died and her children are fighting over owner ship of the deed. One of the 2 factions has asked me if I could simply articulate the facts to the Judge (NOT advocate for one side over the other). They believe I can inform the judge of the facts more clearly... View More 
answered on Jun 4, 2023
First, this does not appear to be a Family Law matter. Second, if you are a witness to certain facts you can testify as to what you are witness to. But you can not, as a non-lawyer, simply testify about something you are not directly a witness to.
The guy that signed the birth certificate. Told the kid I was her father. We want to find out. Court denied me years ago to get a DNA test.
answered on Jun 2, 2023
You will be faced with the issue of equitable estoppel. That is, if the child believes that the other man is his/her father and it would not be in the child's best interests to find out that you are actually the father, the court will will not order a genetic marker test.
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answered on Jun 3, 2023
Yes. All states have a 3044 equivalent because the law of domestic violence has been preempted by the federal government. New York state law requires that the judge consider the effects of domestic violence when making a custody determination just as California does. The domestic violence does not... View More
At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.
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answered on Jun 3, 2023
Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."... View More
My father dead two year ago.
I am in iran
answered on May 26, 2023
You could repost under Illinois. This is currently posted under New York. But even in reposting, it could be difficult for attorneys here to reach out to you. This format here is basically question and answer. If you're seeking an attorney, you could search online for attorneys in the Chicago... View More
I'm going through a custody case in white plains new York and I'm wondering what's the judges view on the the matter now that it's legal?
answered on May 25, 2023
I have found that most Family Court Judges view it just like alcohol, which is also legal but mind altering. Abusing marijuana or use in front of children would be frowned upon. Driving under the influence, just like alcohol, would be detrimental to a custody case as that is illegal.
My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... View More
answered on May 24, 2023
Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... View More
I just had a proceeding for custody and visitation in White Plains New York Family Court before that about a year ago me and my ex got cross restraining orders so now coming back to court and the judge rereading her story on the restraining order is looking at that like it's the narrative and... View More
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answered on May 22, 2023
This is a classic moment in American litigation that drives all of the misunderstandings that happen in a court and between the litigant and the attorney. Trial is for trials, and appearance is for an appearances.
Family court is not a gladiatorial contest where the loudest squeak gets the... View More
I have court ordered custodial rights with my daughter, her father has a minimum of a year supervised visitation, we have joint custody. He has recently moved another woman into the house where we meet for visitation. Of the 3 times she has been present during visitation she has destroyed furniture... View More
answered on May 16, 2023
Yes. You can ask the judge to order that she not be present during the visits. Also, you might want to consider doing the visits elsewhere or have a third party supervise the visits.
I would like to know about your costs and fees. my son who has autism is turning 5 this year and he is starting Kindergartner and the schools that i contacted asked that he is represented by a lawyer. i don't know why and i would like to know about it if its possible. i also wanted to know the... View More
answered on May 15, 2023
Your child has "special needs". As such he needs what is called an IEP. Does he have one? Also, I am not sure what school you intend on having your child attend. You may need a lawyer, but you definitely need a plan of action. More facts need to be known, like where on the spectrum... View More
If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?
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answered on May 22, 2023
It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.
Without getting into the utterly incompetent... View More
My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... View More
answered on May 12, 2023
If the decedent has no children or spouse the Court requires an affidavit of Heirship. Sometimes the attorney draftsman will take information directly from the testator now the decedent and he can provide a supporting affidavit. Your attorney should submit an affidavit of Heirship if someone can... View More
The father is non-custodial parent who moved to Tennessee . Father threatens mother with going back to court if he doesn't get his way .15 yr old has school obligations here and doesn't always want to miss out on his sports activities . Due to emotional abuse in the past , dad bullies... View More
answered on May 9, 2023
If the visitation does not interfere with the child's education and activities the court order is still in effect. However, if the father's move is now interfering with the child's education and activities then the visitation should be modified to accomodate the child's activities. See an attorney.
She has residential custody but they share responsibility for every other aspect pertaining to his kids..before eastet their oldest daughter who is 11 came and told us how the mother whipped her with a belt and left a mark and the mother basically bragged about it later that night to both of... View More
answered on May 7, 2023
He has to file a petition to modify custody. Contact a family law attorney.
I have sole physical & legal custody of my child.
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answered on May 5, 2023
Generally speaking, both parents would be needed, but if you have sole legal custody, you should be able to apply for the passport without the other parent. Along with your child's passport application (Form DS-11) and all the other required documents, you will also need to provide... View More
In trial for custody and relocation father not present for 6 months at a time and on and off for the past 4 years
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answered on May 2, 2023
This question relies on the premise that all judges throughout New York State will rule the same way given the same facts, and that is not the case. Differing judges will consider domestic violence to varying degrees: some will take a hard line approach, while others may not consider it at all.... View More
I have been married for 10 years but we have been separated since shortly after we got married. She took off with our child and moved out of state 10 when we first got married.
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answered on Apr 27, 2023
I'm sorry to hear about your predicament. You should try the Columbia County Legal Aid Society: https://www.lawhelpny.org/organization/legal-aid-society-of-northeastern-new-york-al
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answered on Apr 24, 2023
No, you cannot accomplish this (an entirely new name) via marriage, and that would require a separate petition for name change. Here's what I found you CAN do with your names at the County Clerk's website:... View More
There are 19 nieces/nephews - 16 of then live oversears and/or had no role/interest in caring for our aunt or her health. Many of then are well off financially and dont need this money. Only 3 of us took care of her for 25 years. Can the 3 of us prevent them from benefiting from the Estate of... View More
answered on Apr 24, 2023
If your aunt has no Will and wants to make one, it is up to her to decide how where her estate should go, free of any undue influence which might jeopardize the validity of the Will. This assumes she is competent to make a Will. If she is not competent to make Will, or has already passed, then all... View More
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