Get free answers to your Family Law legal questions from lawyers in your area.
The custodial parent refuses to allow family therapy and has been very uncooperative . Visitations with my 11 yr old child have been very challenging ending in constant arguments and shortened to avoid further distress to my child and myself. Counseling would be beneficial to strengthen our... View More 
answered on Apr 21, 2023
You can certainly ask for it. The court must do what is in the best interest of the chilod and if fgamily counselling is best for the child then it can order that. You should speak to an attorney.
My daughters father was appointed a public defender that works very closely to the referee assigned on our case. My daughters law guardian and my attorney as well as ACS believe our child should stay with me. However, the referee blatantly disregards the ACS report and will not grant our request to... View More
answered on Apr 20, 2023
Just because the Referee and the court appointed counsel for the father know each other does not mean there is any conflict. Since court appointed counsel appear frequently of course they are familiar. You have an attorney so you need to address your concerns to your attorney.
we lived in the same house but stay on two different floors. I pay my own rent can she file this and made a false allegation?
answered on Apr 19, 2023
A person can file for a restraining order (Order of Protection), but she still has to prove her allegations. The fact that you live in the same house does not stop her from filing. Also you should know there are 2 types of Orders of Protection, a "refrain from" and a "stay... View More
I am 20 years old an financially independent. I rent an apartment, work full time and pay my taxes.
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answered on Apr 17, 2023
At 20, you're an "adult" - not an emancipated minor. Are you saying that nobody claims you as a dependent on their income taxes? If so, wouldn't your personal income tax returns suffice to show you're "financially independent?"
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answered on Apr 12, 2023
Your lawyer is correct, and you correctly defined the term, which means that parties agree not to engage in any behavior that would harass, disturb, or bother the other party, nor will either party attempt to compel the other to live together.
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answered on Apr 11, 2023
The State Department is going to require some additional documentation to establish that you have the right to sign the form without the other parent, if you cannot get the other parent to write an affidavit (signed and notarized), you will have to provide the court order and other documents... View More
My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... View More
answered on Apr 3, 2023
It is unclear from the scenario you presented whether your parents are of sound mind. If so, you will not have standing to pursue actions that they are not interested in taking. You cannot force another person to litigate something in their interest that they do not want to. And you cannot force... View More
But yet child support still take out of my SS and my arrears seen to increase...from the original amount...of 24,000$ to high as 35,000$ I would've payed if it continues
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answered on Apr 3, 2023
We here have no idea what the question is. If the question has to do with ever growing arrearages despite payment, the asker should visit his local support enforcement office. Perhaps the asker's account was mixed up with someone else's. We don't know.
He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... View More
answered on Mar 28, 2023
"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.
We have been divorced for 6 years. His license is suspended due to failure to pay child support. He has unsupervised visitation every other weekend.
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answered on Apr 3, 2023
There is not enough information here to answer the question. We do not know if the father obtained a restricted license to drive as such licenses are freely offered to men undergoing child support enforcement. We do not know if the suspension is current and active. We do not know the source of the... View More
Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... View More
answered on Mar 23, 2023
The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... View More
He currently has all his real estate properties as going to him. Am I entitled to 1/2? He paid for them through lenders and his personal IRA. Is there a way for me to get 1/2 without me having to sign anything?
answered on Mar 21, 2023
You never have to sign anything. You can contest the divorce. As far as your share of the property, there is a presumption that any property bought during the marriage is marital property subject to equitable distribution. It can be rebutted. you need to speak to a local matrimonial attorney to... View More
I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... View More
answered on Mar 19, 2023
First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... View More
My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... View More
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answered on Mar 21, 2023
A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... View More
If it is kept secret from the public, is it so all over New York? Thank you.
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answered on Mar 19, 2023
Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.
To find information specific to your location and circumstances, I suggest consulting a... View More
answered on Mar 12, 2023
No, it would be a conflict of interest for the same lawyer to represent all of you.
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answered on Mar 19, 2023
If you have sole physical custody of your child, you may be able to relocate internationally with your child depending on the terms of your joint legal custody agreement and the laws of your state.
In general, relocation with a child may require court approval or agreement from the other... View More
answered on Mar 8, 2023
Being listed on the birth certificate isn't enough. You need to have an acknowledgement of paternity to be the "legal" father or a court order. If there is an acknowledgment all you need to do is file a petition for visitation in Family Court. If there is no acknowledgement, you... View More
The child is now six and father has not seen her in a year. Why does the court not recognize this deadbeat who is sleeping on his mother's floor in her one-room apartment? He was arrested for breaking someone's nose the night before he was to appear in court. What proof is needed to... View More
answered on Mar 7, 2023
Unfortunatley, the law says it is in the child's best interests to have visitation with the non-custodial parent. However, what type of visitation and how often is left to the judge after a hearing. You should meet with an attorney to go over all of the facts of the matter. If you cannot... View More
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