Get free answers to your Family Law legal questions from lawyers in your area.
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
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
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
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
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
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
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?
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?
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.
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
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
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
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
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
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?
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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.