Get free answers to your Family Law legal questions from lawyers in your area.
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
My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years
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answered on Feb 8, 2024
To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as... View More
If 1 parent has sole legal custody but the parents were living together and the Office of Children and Family Services was called into investigate inadequate guardianship, food, clothing and shelter can the non-custodial parent be held accountable while custodial parent is not? Why would both... View More
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answered on Feb 6, 2024
We do not understand how there can be an order of custody between parents residing together. Nonetheless, assuming this is true, that a couple resides together with an order of custody and visitation between them, we will take a stab at answering this question.
There are very many moving... View More
Is a healthcare proxy sufficient or do I need more?
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answered on Feb 4, 2024
A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More
What do I need to show that moving is in her best interest?
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answered on Feb 14, 2024
We by no means can provide legal advice in particular cases. We are not the attorney for the asker and we know none of the facts. The New York court system is not an apparatus where one pushes a button and gets results as is the case, for example, in Pennsylvania. We here are an educational medium... View More
I have full custody of my daughter. Her mother has returned after being out of her life after 8 years. My daughter is now 12.
answered on Feb 3, 2024
You need to go to court for a relocation modification case. You need to show that moving would be beneficial for the child.
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.
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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
answered on Jan 28, 2024
I'm sorry for the disabled person's ordeal. Until you are able to consult with an attorney who specializes in ADA rights, here is a link to the website of the New York State Unified Court System that could hopefully be a starting point - ADA Accommodation Request Process -... View More
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answered on Jan 28, 2024
In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More
Like court orders, letters, etc. 2 years into case and still no accommodations. Court said they aren’t responsible
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answered on Jan 28, 2024
In your situation, it's important to know that federal law, specifically the Americans with Disabilities Act (ADA), requires courts to provide reasonable accommodations to individuals with disabilities, including those who are blind. This often includes making documents available in Braille or... View More
My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.
Is he... View More
answered on Jan 27, 2024
If your child is no longer living with you then you are not entitled to child support, however, if there is a child support order, child support is legally continued until he goes to court to terminate the order. He can not simply stop on his own.
Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.
answered on Jan 24, 2024
The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.
I was granted my petition to legally change my first & last name. I was born in P.R, birth certificate was issued in P.R but live in N.Y, are there any lawyers in NY who also practice in P.R that can assist?
answered on Feb 16, 2024
I'm sorry your question remains open for four weeks. At this point, you could try additionally posting under Puerto Rico (click "Show More States, and Puerto Rico appears on the expanded list of states and territories). Another option is to check with local bar associations in both... View More
The day before my 18th birthday, my father filed a family court order of protection against my boyfriend (26). Now that I am a legal adult I got the order of protection vacated because of the reason that the allegations did not constitute a family offense. On the order of dismissal paper it says... View More
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answered on Jan 24, 2024
Yes and no. The two broad issues appearing here are the reach of the New York order of protection, and its coverage between people. Let's start with reach.
The New York Family Court Act Article 8, specifically in §812 lists the interpersonal crimes that give rise to an order of... View More
Married in 2022, baby in 2023. Wife blocks husband’s family from phone and social media because they are trying to help. Wife controls everything.
answered on Jan 15, 2024
Going to rehab in and of itself is not abandonment.
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
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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
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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
My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More
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answered on Jan 13, 2024
If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.
This is in Jefferson county/Watertown city. The city clerk said it was a legal question and to ask a lawyer, but I only asked for the form to file. I've seen the forms for other counties like Ulster and Dutchess, so I know it's not just a NYC thing.
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answered on Jan 24, 2024
It is a shame that government mediocrity roots itself most firmly in our court system. Here, the asker troubled himself to find a form, inquired of a professional in the court system, and was rebuffed by being shooed away to ask a lawyer.
Lawyers know nothing of forms especially in New... View More
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