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answered on Apr 1, 2024
The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More 
My husband and I have a fight,I call the police because he was agresive with me and stole my phone ,next day someone from the station came to our home to tell me that he’s free to came back home anytime he want if I don’t ask for a protection order,I did not ask for a protection order because... View More
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answered on Mar 21, 2024
If your husband returned with the police without a protection order in place, it may have been for a few reasons. Firstly, the police may ensure that the situation remains peaceful and safe for all involved while he collects his belongings, especially following a reported incident. It’s standard... View More
I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More
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answered on Mar 21, 2024
If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More
Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More
answered on Mar 21, 2024
The short answer to your question is yes they may be used as exhibits
this happened in Suffolk County NY I have all the evidence and now the courts are going out of there way to cover this up. I am a disabled person with a TBI and I live out of state
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answered on Mar 25, 2024
There is no question here. There is nothing to say.
I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage (license/ certificate). What is the legal implication of the nikkah ?
answered on Mar 5, 2024
A religious ceremony has no legal effect. Only the marraige license has legal effect and is to be signed by an officient.
Just need to get safe with the things we developed throughout business and our personal day life like bills etc
answered on Mar 4, 2024
There might be more here than can be sorted out in a brief Q & A response. These could include the nature of the business entity, its structure, your agreements, your contributions to business, etc. One option could include sitting down with an attorney and discussing in confidence what... View More
Divorce agreement states each party shall be informed of any major decisions to be made concerning education of the children and consent of both parties shall be obtained prior to making any decisions. Agreement ALSO states it is the parties' intention that the children attend college until... View More
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answered on Mar 4, 2024
We are unable to accurately guide and advise an asker as to what the meaning of a snippet of a stip (the stipulation of settlement of the parties ending the divorce action) really says. We would be embarking on a risky ride down troubling lane.
Nonetheless, assuming arguendo that the asker... View More
Good Morning
Delayed Birth Certificate or Declaratory judgment in place of it
Written on the behalf of xx, an 65 years of age gentleman that has sobered up.
Until then he lived in Charlotte Street South Bronx with single mother and was born in Lincoln hospital.... View More
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answered on Feb 25, 2024
Consulting with a legal professional who understands the intricacies of New York's legal system regarding birth records can provide guidance on this issue, ensuring that all necessary documentation and evidence are properly organized and presented.
My sister allowed me to use her credit to help me qualify to finance a car.
My paystubs and employment was used and I made all the payments on the car. A few years later she was upset and decided to take the car from me because she claims “it’s her car”.
She has made ZERO... View More
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answered on Feb 24, 2024
In a situation where you've made all the payments on a car financed using someone else's credit, but the car is legally under their name, and they've taken it from you, you may have grounds to pursue legal action to recoup your investment. Documentation of all the payments... View More
I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023
Court date purpose : Uncontested Matrimonial-Initial Submission
Fully Virtual : No
Court Date Type : Administrative
What that mean please help me to... View More
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answered on Feb 24, 2024
We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More
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answered on Feb 21, 2024
There is no statute that regulates sexual conduct within a hospital. Individual physician ethical codes prohibit sexual contact between doctors and patients. Perhaps employment regulations prohibit sexual contact between staff and patients.
However, all of these remedies are non-court... View More
Custodial parent told noncustodial parent about child getting braces in Sept 2021. Noncustodial parent asked for itemized bill to see what their portion (50/50) would be. Custodial parent never sent any bills. Feb 2024 custodial parent demands $580 by text with pictures of bills dating back to... View More
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answered on Feb 19, 2024
No.
New York's Article 4 of the Family Court Act has no provision for deadlines of bills for unreimbursed medical expenses. Therefore, the determination of whether a bill is "reasonable" falls on the support magistrate doing the enforcement. Some magistrates will limit the... View More
Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More
answered on Feb 18, 2024
It is correct that SCU can only take a portion of the payor's income to pay for child support.
However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file... View More
Family Court in Kings County, Brooklyn - our case was adjourned but we haven't chosen new dates yet with the clerk and opposing counsel. However, our previous dates are still on the docket. Are those dates valid?
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answered on Feb 19, 2024
The asker must await the adjourned date which the court will provide in a scheduling notice. Otherwise, we here do not know of any "previous" dates on a calendar, and cannot comment on what the asker must do as to those dates.
How does one parent request a home study of one parent living outside of New York if it's suspected that the living arrangements are unacceptable and there may be child to child abuse?
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answered on Feb 16, 2024
There is not enough information here to cogently answer this question. We are not told when the child left state #1 to state #2. We are not told which of the two states the custody filing occurred.
The duration of the child's absence from a state makes all the difference to the success... View More
19yr old is physically and mentally fine with no problems.
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answered on Feb 15, 2024
In New York, a parent is not automatically considered the legal guardian of their child once the child reaches the age of 18, as they are considered an adult in the eyes of the law. This means the 19-year-old son, who is physically and mentally capable, is legally responsible for his own decisions,... View More
I pay court ordered child support. The court is taking half my Check every 2 weeks. I can't afford to survive anymore. Since they have been taking out My Ex's lawyer fees. I work 40 hours a week. Get paid every 2 weeks. Now since they take half my check...I make roughly 400 a week. I... View More
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answered on Feb 13, 2024
It is not clear which state this question arises from, Florida or New York. Florida has two sanctions provisions that allow for counsel fees: as a need and as a sanction. If the basis is the custodial parent's need, then the court is bound to consider the non-custodial parent's ability to... View More
I’m a pro se litigant in what seems to be a black hole of judicial laziness and systemic coercive control. Opposing party narration of “monster-mom” by my ex/his counsel/AFC; with ongoing slanderous lies against me ¬ a shred of “evidence”(doesn’t exist).i reside in PA;... View More
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answered on Feb 13, 2024
The biggest mistake a litigant can make in a modern court of law is to fail to retain an attorney for her case. If not for the filings and trial, the pro se litigant requires an education in the folkways and mores of the modern American court.
This question highlights the naivety of the pro... View More
I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More
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answered on Feb 9, 2024
In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More
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