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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
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
We set up a separation agreement in Oct saying he would pay 2,600 a month . In Dec he stopped paying . We’re not divorced yet so the separation agreement is only notarized so far . I’m filing for child support through the court , not waiting for the divorce to be seen by a judge . When we go to... View More
answered on Jan 10, 2024
A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.
Has not allowed me access for three weeks she filed a form for modification of visitation -
answered on Jan 8, 2024
You should file a cross petition for violation. Speak to a lawyer.
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answered on Jan 8, 2024
To change your last name before getting a divorce, you need to file a formal petition with the court in New York. This process involves submitting a name change application, paying required fees, and possibly publishing the change in a local newspaper, as required by state law. The court will then... View More
My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation. He is now 19. She has paid 129.00 per week for child support. We purchased a home so he could have stability and graduate in the town that we had been living in. His mom is bribing him... View More
answered on Jan 10, 2024
An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate... View More
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answered on Jan 3, 2024
Contracts procured by fraud have a six year statute of limitations, CPLR213(8), but divorce agreements are not any ordinary contract. Divorce agreements are "allocuted" which means the judge asks questions about whether both parties entered into the agreement freely, knowingly and... View More
My daughter is 12 years old. Her mother is suddenly back in the picture after 8 yrs. My daughter and I are hoping to move to Fl. What are the steps I need to win our relocation case? How would I prove moving to Florida is the best interest of my daughter?
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answered on Jan 1, 2024
Perhaps the single most critical factor for an asker to understand in any relocation case is that the prior absence of a parent is no guarantee of relocation success. Any family court is a reunification court, and to tell a court that a parent was absent is to force reunification. Once that factor... View More
What is the process and steps needed to prove moving out of state is the best interest of my daughter?
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answered on Dec 31, 2023
Demonstrating that relocation is in the best interest of the child in a custody case involves presenting evidence that the move will significantly benefit the child's overall well-being, including;
Improved Living Conditions
Educational Opportunities
Health and Welfare... View More
I work as a travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.
The mother has every other weekend visits with my daughter. I have full custody.... View More
answered on Dec 30, 2023
You need to show why it is the best interest of the child to relocate, not why it is more convenient for you. You should be prepared to show what would benefit your child (schools, safety, etc).
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