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In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More 
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answered on Jan 1, 2024
This rather convoluted question points out quite simply that New York does not list factors for courts to use to determine either initial awards of custody or modifications to custody. Other states do use listings of factors that their appellate courts required in all orders of custody. New York... View More
There is pending custody proceedings, he has gone out of his way to alienate me & prevent my daughter from having a relationship w/me ever since I motioned the court for custody modification. We have joint legal custody, he has residential custody. My petition meets the criteria for change of... View More
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answered on Nov 29, 2023
In your situation, where your ex has taken away your daughter's phone and is preventing communication, it's important to address this issue through legal channels, especially since there are ongoing custody proceedings.
Since you already have joint legal custody and there is a... View More
She wants to live with mom and is scared to go back to dads cause of abuse
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answered on Nov 28, 2023
In New York, the legal age of majority (when a child is considered an adult) is 18. However, the situation you described involves several complex issues, particularly around child custody and potential abuse. Here are some key points to consider:
Child Custody Agreement: If there is a... View More
My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More
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answered on Nov 26, 2023
The use of drugs and alcohol can affect the entire family; however, the impact of parental alcohol or drug abuse can be devastating to a child. In cases involving children, the court’s objective is to come to a custody arrangement that is in the best interest of the child. Parental substance... View More
She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
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answered on Nov 22, 2023
if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More
My child support is being increased in a few weeks but my child wants to live with me when turning 18 in a few months. By then child support will have already increased. Can I modify it after it goes up right away or do I have to wait? I can contest before the increase but my child doesn’t live... View More
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answered on Nov 19, 2023
In cases where child support is adjusted due to a cost-of-living adjustment (COLA), you typically have the right to request a modification if there is a significant change in circumstances. The impending change of your child's residence to your home certainly qualifies as a substantial change.... View More
The judge has ordered 4 sessions (monthly), prior to the actual trial date. What are they looking to accomplish during mediation?
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answered on Nov 17, 2023
In your child custody case, the judge ordering mediation sessions before the trial is a common step. The primary goal of these sessions is to encourage both parties to come to a mutual agreement regarding the custody arrangement, outside of the courtroom.
Mediation focuses on fostering... View More
A law guardian was assigned by the court (i filed petition to modify custody order from 2020); they asked the child if they wanted to move and they said “no, the child expressed that they were afraid of hurting that parents feelings by wanting to move”…is this a fair assessment of what is... View More
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answered on Nov 17, 2023
In child custody cases in New York, the judge does consider the child's wishes, especially when the child is of sufficient age and maturity to express a reasoned preference. At 12 years old, your child's opinions may indeed be given weight in the court's decision. However, the judge... View More
I have been with my domestic partner for about 10 years. I have been in adriyels life (the child i want to adopt) since he was born. We have lived life like a normal family (He is my mothers favorite grandchild) His father has not been in contact since we called the cops on him for not bringing... View More
The person is married and has children, lives in New York..
My wife’s mother passed away. We are not sure if her bank account had a beneficiary or did she have a will.
Her mother is legal married..
would happen to her bank account now that she is deceased?
What... View More
answered on Nov 15, 2023
Depending on the size of the account the wife needs to file an administration proceeding of some type.
ONCE I FOUND OUT 1 OF 2 CHILD,WE NOT MINE
I ASKED MOTHER TO TAKE ME TO COURT
SHE NEVER DID...11/14/2023
KIDS ARE NOW IN THERE 20
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answered on Nov 17, 2023
If you stopped paying child support due to doubts about paternity, it's important to address this situation legally, even if the children are now adults. In New York, child support obligations typically continue until the child reaches 21, unless otherwise specified by a court order.... View More
what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?{Ive submitted a substantial amnt of qualifying evidence docs to "show cause" w/OSC motion} I had filed a petition to modify custody two weeks prior to the OSC & got a... View More
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answered on Nov 12, 2023
The likelihood of a judge granting a request for custody or relocation during an Order to Show Cause (OSC) Conference can vary based on the specifics of the case. In family law, the primary consideration is always the best interest of the child. If you've submitted substantial evidence... View More
Husband passed away 6/ 2023 and his pension plan has requested his Divorce decree from a marriage that ended in 1999. the divorce took place in Westchester County, NY. Will I need to get a court order to get it or is it something I can do myself.
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answered on Nov 7, 2023
Yes, you will need to get a court order ("certified copy") to obtain a copy of your deceased husband's divorce decree from Westchester County, NY. The pension plan requests this document to verify your marital status as the surviving spouse and beneficiary of the pension plan.... View More
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answered on Nov 8, 2023
If you wish to remove your boyfriend from your home and he is unwilling to leave voluntarily, you will likely need to follow the legal eviction process. As the owner of the property, you have rights, but so does he as a resident, even if he is not on the lease or title. In New York, you must... View More
I recently filed a name change petition to change my name, and the judge quickly granted it. But there is a problem: I regret the name I have chosen.
I have not reported my court granted name to any government agency. Would I be required to reference my court approved name in my new name... View More
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answered on Nov 8, 2023
Yes, it is legal to change your name more than once in New York City courts. If you've had a change of heart about the new name, you can file another petition for a name change. In your new petition, you would need to reference any previous name changes, including the one recently granted by... View More
answered on Nov 6, 2023
There are many legal "benefits" to getting married. There is a presumption when a married woman gives birth that the husband is the father. This makes paternity cases less necessary and child support matters easier. There are legal issues regarding owning property as a non-married... View More
My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More
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answered on Nov 4, 2023
Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More
I filed petition for modification of custody, change of circumstances. Im confident my petition meets threshold to qualify for change. I have joint legal custody with my daughters father, he has residential. The last order was set forth may 2020, Nassau county NY. Since then I have... View More
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answered on Nov 4, 2023
You can file for an order of protection if you believe your child is in immediate danger. This order can include temporary custody arrangements pending a hearing. Document all instances of denied parenting time and unilateral decisions as evidence. The texts you have can also be submitted as... View More
I filed an i-130 petition for my minor children as a lpr but i become a citizen and petition is still pending a decision my son is above 21 when i become a citizen but i filed as a lpr for F2A category but uscis upgraded the category to F-1 i initially filed the petition from new york but later on... View More
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answered on Nov 4, 2023
The Cuthill v. Blinken decision in the Second Circuit may be relevant to your situation, particularly if your case would benefit from the application of the Child Status Protection Act (CSPA) to lock in your child's age as under 21 at the time you filed the I-130 petition. Since the petition... View More
I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?
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answered on Nov 4, 2023
In such situations, both parties may face legal consequences for acts of violence. It is important to understand that previous acts do not justify retaliation or escalation. If you were attacked, you have the right to report the incident to the police and seek protection. Depending on the details... View More
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