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New York Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Family Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I need to remove my husband's parental rights, he disappeared from our lives 10 months ago, but I'm currently in Europe.

My husband decided to go AWOL 10 months ago, our kids are still minors and we had signed (via notaries in NY) a mutual separation agreement where he gave me full legal custody, prior to us leaving the US. I just need to legalize that with a court decree and remove his parental rights, since I... View More

Said Ibrahim
Said Ibrahim
answered on Jul 23, 2024

Were you married in New York? Based upon your answer there are several jurisdictional and service issues that will likely require you to hire a lawyer to help consult with on the best state, county, and court to file in, and how to properly serve your husband either personally, or with alternative... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Real Estate Law for New York on
Q: What rights do I have to remove an unwed domestically violent co-owner from the deed, when he has the mortgage?

I can prove that without my money, he wouldn't have gotten the mortgage.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: Are parents required to pay out of pocket for their child's college tuition? This was not in the custody agreement

At the time of the agreement, I was the custodial parent. There has been no changes to the agreement. My daughter has moved to FL with her mother and she is threatening legal if I don't pay her (the mother) cash for college she has claimed to pay for. This was not in the agreement . My... View More

Peter Christopher Lomtevas
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answered on Jul 21, 2024

This is not the simplest question to answer because it involves an "agreement" and an out of state issue regarding educational expenses. Rephrasing the question, does the asker have to pay education costs for his child if there is a New York agreement while the child is in Florida. The... View More

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

2 Answers | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: How can I not commit possession if I find drugs in my abusive husband's belongings from before the order of protection?

I have an order of protection against my abusive husband.

I am not a citizen and I might apply for naturalization soon.

I am worried about the Good Moral Character requirement.

I suspect that I might find drugs and I want to make sure not to be committing possession in... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).

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1 Answer | Asked in Family Law, Immigration Law and Tax Law for New York on
Q: My father want to become netrilize citizen of U.S and he didnt pay tax of 2 years will it effect on his case.

Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his... View More

James L. Arrasmith
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answered on Jul 2, 2024

To address this situation, there are a few key points to consider:

1. Tax obligations:

Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at...
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2 Answers | Asked in Juvenile Law and Family Law for New York on
Q: I have an issue with a forensic evaluator, they screamed at me and refused to work with me, and showed bias on camera

They stole evidence from me and informed about a situation that was untrue, while laughing at serious issues pertaining to my son. This was all under recording. He lied to the courts to try and save himself after his numerous calls to me after screaming at me trying to “rectify” the situation.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

I'm sorry for your ordeal. This might be something that a family law attorney should advise on, but you await a response for a week. Since you describe a setting involving custody, "Family Law" could be a more relevant category than "Medical Malpractice," the category you... View More

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2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for New York on
Q: Do I need to go to court to take my 17 year old sister with me to Florida from NY?

I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.

Howard E. Knispel
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Howard E. Knispel
answered on Jun 19, 2024

If she needs to register for school before 18, you need to be her legal guardian.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Teen is refusing visitation? Even if I show up to drop off and teen does not comply, can I be held in contempt?

Teen with special needs is refusing court ordered visitation in the summer. Has not been getting along with the non custodial parent and is in therapy. Noncustodial parent seems to be triggering reactions from the teen and teen is having a hard time regulating emotions around non custodial parent... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 15, 2024

As long as it is the teen who refuses to visit and you are not telling him not to go there is no contempt. The therapists opinion is also helpful.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: Can I still add a name change after final hearing is over?

I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More

David P. Badanes
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David P. Badanes
answered on Jun 15, 2024

You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.

1 Answer | Asked in Family Law for New York on
Q: Do I legally need to continue visitation if the court ordered supervisor was family and is now deceased?

My children have supervised visitation with their father. This was supervised by my ex father in law who has just passed away.

There is no longer a supervisor to oversee visits.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2024

The asker must comply with her order that compels supervised visitation, or the asker must return to family court to modify her order. The asker cannot unilaterally decide to cancel the order and ignore it. The opponent parent can file a violation petition and cause the asker to end up in civil... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Is it okay for my ex husband to allow his new gf’s son to sleep in the same bedroom as our daughter?

They moved in together after 5 months. Her 2 boys are 16 & 7. Our kids are 11 & 6 (our 11 yr old is a boy and 6 yr old is a girl). Her youngest is autistic. (This isn't a huge issue but I work healthcare and have seen different spectrums of autism; i don’t know if he has difficult... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 9, 2024

We are not family court judges set up to decide matters of sleeping arrangements of children. We can educate perhaps to a limited extent as much of what we say sounds incredible. The law has evolved substantially in recent years, and the ends justify the means in many cases.

As for the...
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3 Answers | Asked in Family Law for New York on
Q: Is it legal for a you to have full custody yet a judge gives more visitation to the other non custodial parent?

To add detail there is an active access order for 1 week rotation schedule. However they have added that the non custodial parent can access thr child every day on custodial parents access time for activities.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jun 7, 2024

Custody and visitation are 2 different things. Yes you can have full custody but the court can still provide the other parent with visitation as the courts hold that visitation is in the child's best interests.

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3 Answers | Asked in Child Support and Family Law for New York on
Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

Howard E. Knispel
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Howard E. Knispel
answered on Jun 5, 2024

In New York, child support terminates at 21. However, in most cases, the amount of support is determined by your income. Only where the court determines you are under-employed would the court deviate. Talk to a local attorney.

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1 Answer | Asked in Family Law, Child Custody and Landlord - Tenant for New York on
Q: My ex gf who i share a 10year old with wont leave my house for over a year n just damages home. How can i get her out?

Alls she does is drink12-14 beers a day, vandalized and damages my home. Leave child alone when i was at work alone to go drink with her new boyfriend. I have all on camera. How can i evict her asap without selling my house

David P. Badanes
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David P. Badanes
answered on Jun 15, 2024

If the child is being left alone, that is the first thing you might want to address. Some 10 year olds are mature enough to stay by themselves, but, I don't think many Judges would approve of that.

Next thing to do is consult with a Landlord-Tenant attorney. If the house is yours,...
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1 Answer | Asked in Divorce and Family Law for New York on
Q: Can you be legally married in 2 places?

My boyfriend said he was legally married in Maryland and in germany. He reported to me that they got divorced in Maryland but he never bothered to get divorced in germany. Is this possible, to be legally married in 2 places like that?

John Michael Frick
John Michael Frick
answered on May 28, 2024

Yes, it is possible to be legally married in two places. While within the United States, all states and territories are constitutionally required to recognize a ceremonial marriage consummated in any other state or territory, that is not necessarily true in other nations. Whether another nation... View More

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: Can my Father pay my Retainer Fees to Represent me in a Guardianship for him? Or is this a Conflict of Interest?
Jack Mevorach
Jack Mevorach
answered on May 24, 2024

It's a matter of "legal capacity." If your father has legal capacity regarding the payment of legal fees, why is a Guardianship needed at all?

Jack

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: Can my Father pay my Retainer Fees to Represent me in a Guardianship for him?
Jack Mevorach
Jack Mevorach
answered on May 24, 2024

Why is a guardian needed at all.

Jack

1 Answer | Asked in Family Law and Immigration Law for New York on
Q: How to locate someone's information, like marital status and properties?

Someone in VA, US sued my friend in China, over a family inheritage matter. She tried to collect more information about the plaintiff for her lawyer. But since the plaintiff's family lives here for a long time, she is wondering how she can collect as much public information as possible? I have... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024

To locate someone's information, like marital status and properties, you can start by searching public records available online. Websites such as the county clerk or recorder's office can provide access to marriage records, property records, and other legal documents. These resources can... View More

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