In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »
answered on Jan 25, 2023
You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.
I have a custody case coming up at the end of January my child's mother is suspected to be a narcissist I can prove with text messages and recorded phone calls of the abuse she jumps in to relationship to relationship to relationship immediately allowing the new partner to meet our child in... Read more »
answered on Jan 6, 2023
You can ask the judge to include a provision in an order that neither parent is to introduce the child to a new paramour until at least six months after beginning the relationship. You would benefit by consulting with a lawyer regarding your case if you wish to obtain custody.
I was held hostage by my abusive ex , I managed to escape and I never went back . I did not call the police because I was still in denial about being abused at that time but I have photos of texts of him apologizing etc for it . Can I use this as proof for sole custody ? He abandoned his child (no... Read more »
answered on Oct 7, 2022
The short answer is yes they can be used as evidence. However, just beware that you have to meet evidentiary foundations to get the texts & photos into evidence. Speak to a lawyer about this. If you have the means, you should retain an attorney for the process, if you can't afford an... Read more »
My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »
answered on Oct 4, 2022
It is extremely unlikely that she would get custody (or that she is really asking for it). The most likely request is for visitation. in regard to visitation, she would have to show that she attempted to have a relationship and it was denied and that it is in the child's best interest to... Read more »
My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »
answered on Oct 3, 2022
You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... Read more »
answered on Sep 2, 2022
Once the State had brought charges, the prosecution of the case is in their hands despite you asking to drop it. However, if you contact the ADA handling your matter or the court’s victim advocate, you can request the charges be dropped or reduced to a violation without an OOP as a condition.... Read more »
This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?
answered on May 2, 2022
I assume you are referring to an 18-B lawyer, a private attorney who is assigned by the court to represent you as an indigent person. These lawyers get paid by the county and very little, on these assigned cases and will naturally spend more time on privately retained cases where they make 4 to 5... Read more »
If someone has already gone to jail for 90 days for willful non payment of child support and contempt what will their punishment be the next time? And can the judge order anything else if their willful non payment caused their ex wife and children to be homeless?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
It is extremely difficult to make heads or tails of a totally absurd system of justice: the incarceration of young fathers for non-payment of child support especially at a time when the administration in the White House is wrecking the economy.
Without getting into the utterly incompetent... Read more »
answered on May 11, 2023
Hire an attorney. Contested divorce cases require appearances. Uncontested divorces can be filed online but the paperwork is extensive and complicated. If you want it done and done correctly, hire an attorney.
I hold order ov protection against you
answered on Apr 2, 2023
You should inquire about your right to call the police from a Pennsylvania-licensed lawyer if you live in Philadelphia.
He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... Read more »
answered on Mar 28, 2023
"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.
I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?
answered on Jan 16, 2023
The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.
I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... Read more »
answered on Jan 16, 2023
Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.
I have a 6 month old child and one on the way. I left the dad because he was toxic, abusive and treated me poorly. He never took care of my son.I also found him doing drugs. He works and makes a lot of money, I don’t currently work becsuse I was a Sahm and can’t afford daycare. He’s... Read more »
answered on Apr 5, 2022
To begin with, unless you signed and had an acknowledgment of paternity notarized, under NY law he is not the father until that is done or there is a court order. You should get a consultation with a local attorney ASAP. you should also know that if you file for custody in family court, the... Read more »
Facing Class A Misdemeanor , thing got heated and I bruised my girl friends arm and face . I don’t have any priors a d have never been in trouble and she didn’t press charges but I still turned myself In and was realeased on ror with a next court date and a order of protection . What should I... Read more »
answered on Feb 3, 2022
You need to consult with an experienced criminal defense attorney immediately for proper representation. You want this matter to be handled correctly. Did you girlfriend sign the supporting deposition? Were there any witnesses to the altercation? Did you give a statement to the police? A lot... Read more »
I reside in a private house. My mother and her significant other lives in the first floor and my father, son and I live on the second floor. I am also my fathers primary care giver and health care proxy. My mother just comes to our part of the home to aggressively attack us with no provocation... Read more »
answered on Dec 14, 2021
Obviously not the ideal living arrangement. Theft complaints go to the police, but in NYC, these issues are not enforced. You can get an order of protection yourself by going to the criminal court. Ask for the order of protection part. You fill out an affidavit explaining the issues. It is a... Read more »
My husband, swiftly and unbeknownst to me, depleted all accounts, cancelled joint credit cards & took possession of joint assets then served me with a divorce action/automatic orders. He has stifled me financially and has since ceased all financial support for myself and our 18 year old... Read more »
answered on Oct 4, 2021
Since the divorce has already started you can't file for support in family court. You should speak to an attorney about his making a motion for counsel fees to represent you as the court will grant your attorney fees to represent you if your husband had the means to make payment. At the same... Read more »
His father says he feeding him what he gives the other kids in the house. Then the father also says it didn’t happen with him. The vomiting and diarrhea has happened multiple times after the visits. What do I do?
answered on Jul 15, 2021
It sounds as if your child is nervous or anxious about something. After taking his to the doctor to be sure, you should get him into therapy to help your child with their nervousness.
He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in... Read more »
answered on Apr 22, 2021
Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.
This is a fictional universe of course but I haven’t found much information on the subject. To make it brief, a young girl runs away from an abusive father and winds up on a man’s doorstep who takes her in. He cares for her until months later, the abusive father gets a legal team to seize back... Read more »
answered on Feb 15, 2021
Under todays' laws the answer would be no however you would need to speak to someone familiar with the laws in 1942
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.
