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New York Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: I won my child support case, my ex was given 30 days to appeal but she didn’t. Now 7 months later she’s trying to, help?

I lost my job and filed a petition to change my support order until I got a new job. The judge ruled in my favor because my ex didn’t show up to court. He ruled I don’t owe back child support. She had 30 days to appeal the decision but didn’t. 7 months later she filed a support summons in a... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

The asker describes what typically happens when individual litigants attempt to do legal representation without an attorney. The labyrinthine process makes no sense even to experienced attorneys. Let us unpack what the procedure was the asker is describing.

The loss of a job is no basis for...
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1 Answer | Asked in Family Law for New York on
Q: My husband of 50 years is very ill. Our daughter is trying to rub her older brother out of our will. Land is involved.

She somehow got her father to agree to new bequests giving her children everything, which she will benefit from as children are 9 and 15. My husband has not been able to talk much, so I don't know how she did this. She says she recorded it on her phone and his scratch of a signature is... View More

Jack Mevorach
Jack Mevorach
answered on Sep 30, 2024

Your husband should be represented by counsel.

Jack

1 Answer | Asked in Family Law for New York on
Q: If a daughter talks her very ill father, who was incapable of making rash decisions at the time, is that illegal. Wife

of 50 years gets nothing. She purposely has her father leave land to her son(15) but she wants to control the land so her brother won't get anything. It is recorded on a phone that a gun is left to her son, also and she shares another gun with her daughter. Is this legal?

Jack Mevorach
Jack Mevorach
answered on Sep 30, 2024

The father who is ill should be represented by counsel.

Jack

1 Answer | Asked in Family Law for New York on
Q: Devious daughter coerced dying father, of not sound mind, to leave all property to her. Does a lawyer have to be there?

Daughter recorded father saying yes. Is this legal? I know my husband would have wanted his oldest child, a son, to have something. This knocked wife and son out of everything. My husband was very unresponsive when I got to the hospital. His speech was very rambling. My daughter had a smug... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 30, 2024

Any bequest must be in a properly executed will. Wills must be prepared carefully and witnesses. The preparer and witnesses can not be named in the will. Talk to a lawyer and show the lawyer the will.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
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
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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1 Answer | Asked in Family Law and Libel & Slander for New York on
Q: The family Court judge refuses to dismiss a TRO filed under fraudulent, false and defamation. I have filed motions.

The TRO was to terminate 10/31/24 the Plaintiff was granted and additional 6 based upon further foreseeing evidences or proposals actions. Federal violations were committed in complaint and the justice refused to act upon documents I submitted and still granted. The Plaintiff drop a previous... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

This passage omits any question, and as such we do not know how to answer this. The asker also does not tell us what area of the law this question arises under. Is this a divorce/family court offense "TRO," or is this a criminal "TRO." We do not know.

There is also no...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My ex wife in Texas has filed to terminate my parental relationship with the tow children we have together. I need help.

I don't know what my options are or how to file my response. I have 20 days to respond.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

The asker omits much information in an otherwise broad question. The asker needs an attorney for the best answer.

Texas is one of the states of this union that allows a parent to sign away their parental rights to their child. New York has no such law. Texas Family Code, Chapter 161,...
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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: If I had an order of protection placed upon someone when i was 17, can i get it removed now that i am 18.

It was due to an altercation between my ex girlfriends dad and I, i want to know if i can get it removed now so i can try and mend relationships with him.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

We cannot answer this question.

In New York, there are two types of orders of protection: the family court (civil) order of protection, and the criminal court (criminal) order of protection. The Fed pays gobs of money for domestic violence prosecutions, and New York gobbles up the money and...
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1 Answer | Asked in Family Law for New York on
Q: I am 17 in New York City and was given a phone by my grandmother. Can my parents legally take my phone away?
Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2024

Yes, your parents can take your cellular phone away, even if it was a gift from your grandmother. As a minor living in their household, your parents have the legal right to make decisions regarding your possessions, including your phone. They may have their reasons for wanting to do this, such as... View More

1 Answer | Asked in Family Law for New York on
Q: My son father has put a order of protection against me he told me that I can not be around him or our son

He told me that I can not pick up my son from school or be near it and I can’t be near him I went to the court and I found out that the protection is against me only not with my son now we have mediation and he violated the contract for me not seeing my son and my son primary home is with me we... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

There is no question here, but there is much to say about this factual narrative. It is the liberal mind's product of protecting a class of people against violence in the home. Let us review the purposes of domestic violence law.

Originally, men who were violent in the home were...
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1 Answer | Asked in Divorce and Family Law for New York on
Q: My wife inherited a very large inheritance in October 2023 which she never told me and wants my IRA, Annuity in divorce

Need legal advice concerning this matter if that is legal

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Current New York law (and the law of most other jurisdictions) excludes any inheritances given spouses unless the spouse commingles the inheritance with marital assets. The wife had no duty whatsoever to inform the asker of her inheritance, and in so doing, likely kept her inheritance separate from... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: Sealing a marriage record from the public

I'd like to know if it's possible in NY to seal from public record a fraudulent marriage (the fraud was not committed by me) from 1997 that continues to appear on public websites and google searches.

(Edited for additional context): I am concerned with sealing from the public... View More

David P. Badanes
PREMIUM
David P. Badanes
answered on Sep 7, 2024

In New York, divorce records are supposed to be sealed for 100 years. If they are not or if you want, you can petition the Court to seal the records. As for public websites or google - if your spouse or someone else gave them that information or somehow they go a hold of that information, it will... View More

1 Answer | Asked in Family Law and Education Law for New York on
Q: Is it legal for a school to say we are mandated by law to use their app for notices from the principle and teachers?

We had issues last year when we realized that my child’s teacher at the time was posting pictures she kept taking of the class on a school app that is used by the as well as all parents and listing my child’s full name and everything . And because we have privacy concerns since we have a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2024

There could be a couple of different ways to look at this - it is more a privacy law question than an education law question. A starting point could be to check with your attorney (the one associated with the court order). They would know better than anyone on a public forum the scope of what the... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: I’m not legally separated from my husband, but currently living in the basement do I have to pay him rent every month?

Living in the basement with my daughter.

David P. Badanes
PREMIUM
David P. Badanes
answered on Sep 5, 2024

If no divorce action or legal separation action has been started, then you do not have to pay rent to your husband.

However, you and your husband have a legal obligation to take care of your daughter (provide her food, shelter).

1 Answer | Asked in Family Law, Real Estate Law and Probate for New York on
Q: Hello, I want to know what my real estate and trustee rights are (I think?) for a family matter. Any help is appreciated

My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2024

I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter lives with my grandmother in Lajas, PR. She wants to move back with me to new York when she turns 18 next

Year. Can she just leave or do I have to go to court for custody even though she will be 18?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Sep 14, 2024

The courts have no jurisdiction over custody for a child over 18. You can not go to court for this. As an adult she can come live with you without any court intervention.

1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for New York on
Q: How do I remove my husband, whom I am divorcing (super early stages) from the NY rent-stabilized lease due for renewal?

My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More

Jack Mevorach
Jack Mevorach
answered on Aug 17, 2024

Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.

Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your...
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1 Answer | Asked in Child Support and Family Law for New York on
Q: I am currently in arrears. I had 2 support orders. The second is SIGNIFICANTLY larger than the first.

I have been unemployed for 10 months now

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

There is no question here.

The asker must retain an attorney to file a petition for downward modification. However, his arrears will not disappear unless he can get the custodial parent to waive arrears in court before a support magistrate.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: what is the course of action for unmarried couple that brought house and now split and cant agree on what to do with hom

she put up down payment I've paid mortgage insurance and taxes both of us did various renovations we made no special arrangements or anything in writing in regards' to the house both our names on deed

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 12, 2024

Hire a NY attorney for file suit for a Sale For Partition.

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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: I and my spouse have custody of my nephews and we split up do I automatically get joint custody with primary residency

Of my nephews since they are legally my blood relatives

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Aug 31, 2024

Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More

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