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New York Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage

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 ?

Howard E. Knispel
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Howard E. Knispel
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.

2 Answers | Asked in Consumer Law, Identity Theft, Tax Law and Family Law for New York on
Q: How do I get protection before the relationship gets bad all the things I am experiencing who do I start with

Just need to get safe with the things we developed throughout business and our personal day life like bills etc

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Family Law and Child Support for New York on
Q: What is required regarding college acceptance for my daughter with her father - do I need approval or is notification OK

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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1 Answer | Asked in Family Law and Civil Rights for New York on
Q: Delayed Birth Certificate or declaratory judgment in the place of birth certificate. Had been waiting and applying for

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

James L. Arrasmith
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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.

1 Answer | Asked in Civil Litigation and Family Law for New York on
Q: Can I sue my sister if she took my car that I paid for because she allowed me to use her credit to qualify?

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce and Family Law for New York on
Q: Help regarding divroce case

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

1 Answer | Asked in Family Law for New York on
Q: My wife was in a rehab facility had a sexual relationship with another patient. Can I sue facility?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn 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...
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1 Answer | Asked in Family Law for New York on
Q: Is there a timeframe in NY state in which custodial parents have to submit medical bills to noncustodial parent?

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

Peter Christopher Lomtevas
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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...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: How do you get the remaining amount of child support owed per court order that the SCU will not take out of check?

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

David P. Badanes
PREMIUM
David P. Badanes
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...
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1 Answer | Asked in Family Law for New York on
Q: Family Court in Kings County, Brooklyn - adjourned but dates still on calendar - valid?

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?

Peter Christopher Lomtevas
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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.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: one parent moved out of state (New York) before the custody filing. How does this affect any custody arraignments?

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?

Peter Christopher Lomtevas
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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...
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1 Answer | Asked in Family Law for New York on
Q: is the father of a 19yr son who attends college (father pays for boarding & tuition) the legal guardian?

19yr old is physically and mentally fine with no problems.

T. Augustus Claus
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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

1 Answer | Asked in Family Law and Child Support for New York on
Q: Why am I paying ex girlfriend lawyer fees... I wasn't married to her. Feel I'm not responsible to pay for her choice.

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

Peter Christopher Lomtevas
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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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How does a judge know if crossmotions i was “served in hand” in court by opposing counsel, match the filings w/clerk?

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 &not a shred of “evidence”(doesn’t exist).i reside in PA;... View More

Peter Christopher Lomtevas
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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...
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2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

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

Ms. Norka M. Schell
Ms. Norka M. Schell pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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1 Answer | Asked in Elder Law and Family Law for New York on
Q: I'm interested on becoming a gaurdian of someone. Where do I start? Do you serve Livingston county?

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

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Family Law for New York on
Q: Sole custody and finding by the Office of Children and Family Services

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

Peter Christopher Lomtevas
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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...
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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
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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

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I'm in the process of going to court and asking permission to move out of state with my daughter.

What do I need to show that moving is in her best interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How would one win a relocation case? I'm hoping to move to Florida with my daughter.

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.

Howard E. Knispel
PREMIUM
Howard E. Knispel
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.

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