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New York Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: Good Afternoon, How can we legally pursue a court-appointed attorney for the Child for damages, in NYS?

On behalf of my daughter, whose court-appointed Attorney has Psychologically and Mentally abused her for a duration of 5 years.

The Attorney for the Child resigned before her own trial, which the judge had set up to remove her from the case.

Thank you in advance for your help; it is much needed.

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

There is no answer to this question because the attorney for the child's supervisors have their office in the local appellate division. These offices derive their authority from the appellate division, and attorney for children are the local super-lawyers.

Other states have different...
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1 Answer | Asked in Divorce and Family Law for New York on
Q: Hello I’m looking for information on a pro bono lawyer for a divorce
Tim Akpinar
Tim Akpinar
answered on May 12, 2024

This is something that a divorce attorney would know best, but your question remains open for two weeks. Here's a link to a page on this site:

https://www.justia.com/lawyers/divorce/new-york/legal-aid-and-pro-bono-services

Some of the resources on that page look like...
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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New York on
Q: Can I move my children from NY to RI when there is no custody or visitation in place?

I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 1, 2024

You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have my son for a visit but it is outside of our custody agreement and my son refused to get on the plane to return

Home. Stated he wants to live with and has told his father and the father refuses to talk to me. My son is 15 and is going to be 16 in august what should I do I don’t want to get me or my son in any trouble but I can’t force him to get on a plane. I live in Kentucky his father is in New York

Peter Christopher Lomtevas
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answered on May 12, 2024

We here cannot provide specific legal advice to an anonymous asker. Her question has to do with how to react to a factual situation when an order is the governing outcome producer. The correct answer that is not legal advice is to simply follow the order.

However, as an educational point,...
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1 Answer | Asked in Family Law and Adoption for New York on
Q: I'm wanting to pursue an adult adoption in Buffalo New York but I do not live in the state of New York.

I heard that there were residency requirements for the person doing the adoption.... The person I'm adopting lives in Buffalo.

Tim Akpinar
Tim Akpinar
answered on May 19, 2024

An adoption attorney could advise best, but your question remains open for three weeks. If you haven't spoken with an attorney by now, one option is to reach out to attorneys, where you could supplement your searches with the "Find a Lawyer" tab above and the referral sections of... View More

1 Answer | Asked in Family Law for New York on
Q: As a removed administrator of my fathers N.Y estate, do I have to pay for the 2nd 1/2 accounting as a heir now.?

My niece is now administrator and refuses to pay for the 2nd1/2of my accounting. Isn't the estate suppose to pay for my accounting since I was removed?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Apr 28, 2024

Hello:

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

Thank you for asking your question....
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1 Answer | Asked in Contracts and Family Law for New York on
Q: What must be proven to successfully sue a parenting coordinator who is "immune from suit".

The person in question intentionally broke their contract, admitted to breaking HIPAA laws in writing, and refuses to refund a retainer, despite admitting that I am due a reimbursement.

Can this be handled in small claims court?

I am also intending to file a complaint against... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

With all the wars going on around the world, our government has circled its wagons against all enemies foreign and domestic. We are its domestic enemies.

The government's staffers both employed and assigned are inside the circled wagons. Each can do whatever he wants and say what he is...
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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
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2 Answers | Asked in Estate Planning and Family Law for New York on
Q: Are wills -- download forms printed from online legal?

We live in New York State

My husband (55) and I (62) would like to make a will, don't have time for a lawyer (leaving town).

Can we download a will from online (i.e.Rural Law Ctr NY provides template)

- print out

- have 2 unrelated people witness

- notarize

Thank you,

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 11, 2024

A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

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1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying child support to NYS foster care for my adopted son from China. NYS has laws that allow the child to

be funded until the age of 21. I gave up my son voluntarily after a year from adoption at the age of 13.5 years because he told me he could not stop attacking me. He has reactive attachment disorder (RAD).

I am 65 and want to retire, but I have another year until August 2025. Is there any... View More

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

We are not a repository of arguments that we can craft for general purposes. We know nothing of the case beyond the facts provided that a person adopted a child and gave him up to the foster care apparatus and continues to pay child support to that apparatus. We do not know if this support is... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for New York on
Q: uncle lives next door, threatened to kill me. Can I point a camera at his property for my safety? NY, police report made

My grandparents own the house he lives in, he rents. And I live in an apartment next door, rented. I’m unsure if the properties are conjoined, but he does have his own address.

Video footage of him harassing me. Police also contacted and report made.

Cps also called since his... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry you're going through this frightening situation. Your safety is the top priority. Here are a few thoughts on your legal options regarding cameras, but please remember that I'm not a lawyer and this isn't official legal advice:

In general, in New York you are...
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3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: If a judge has 60 days to make a decision; what happens after that if the time has run out? Do i still get a trial?

Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 1, 2024

The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More

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1 Answer | Asked in Consumer Law, Family Law and Civil Rights for New York on
Q: My father accrued debt in my name. I have evidence of trying to be removed. I am wondering options I have in this case

My Father accrued 16,000 in debt on a lease in my name (& his) when I was 19 and I have never been or lived there…(I am on a lease now here where I live NYC and have been living here since I got out of the navy in 2021) back in 2021 I tried to remove my name from the lease & have proof of... View More

James L. Arrasmith
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answered on Mar 28, 2024

In your situation, gathering and organizing all relevant evidence is crucial, including emails, documents, and any communication showing your intent to be removed from the lease and your non-consent to its renewal. This evidence can support your claim that you were not responsible for the debt... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: How long can a parent go without seeing or asking about their children? before its considered abandonment?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Civil Rights and Family Law for New York on
Q: Why my husband came with the police in the house if I did not ask for an order protection

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can a copy of transcripts of previous proceedings be used as evidence exhibit/reference in response/answering papers?

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 21, 2024

The short answer to your question is yes they may be used as exhibits

1 Answer | Asked in Family Law and Child Support for New York on
Q: I busted a senior support magistrate who withheld vital evidence and aided in a 32000 dollar fraud on the courts and me

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

There is no question here. There is nothing to say.

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