Lawyers, Answer Questions  & Get Points Log In
New York Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: Can a mother go to court to get custody over an 18 year old because he committed serious legal ramifications?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 20, 2022

The courts cannot grant custody of an 18 year old.

1 Answer | Asked in Family Law for New York on
Q: Can I transfer the ownership of the house to my daughter, even though I got married after I bought the house?

I bought the house as a sole owner 10 y ago. I have a daughter/ from a previous marriage who is now 19 y old. I got remarried after I bought the house. Can I transfer the ownership of the house to my daughter so in case of a divorce my current husband cannot take advantage of the home equity built... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

We cannot provide legal advice as to how to bilk an opponent in anticipation of a court action. However, we can educate.

Trickery in avoiding exposure to a court's judgment as to realty will cause a heavily sanctioning of the tricky litigant. Indeed, New York law excludes separate...
Read more »

1 Answer | Asked in Family Law for New York on
Q: Attempted to serve husband with court papers for paternity, had a baby with current boyfriend. Paternity test possible?

Tried to have a process server serve current husband with court papers for paternity.. I had a baby with my boyfriend. Is it possible to get a paternity test done without my husband being involved? I attempted to serve him with court papers.

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

We cannot provide legal advice as there is no attorney-client relationship formed here on this website. We can educate.

One bit of education is that husbands are presumed to be the biological fathers of their wife's children. The asker wants to establish something New York law already...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Child Custody for New York on
Q: We are interested in appointing a legal guardian for our 16yo son in case of an accident during an upcoming vacation.

We will be traveling abroad and our son will stay with my sister. If we get in a plane crash we want to make sure he is taken care of according to our wishes. We wish to appoint my sister as legal guardian. Should we establish a will to express our wishes in regard to our property and our... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

We here cannot offer legal advice as there is no attorney-client relationship formed between the asker and the responding lawyer. We are an education site.

One bit of education is that the law works best when an event giving rise to a case already happened. This means the process is far...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Child Support and Family Law for New York on
Q: Best way to appeal a verdict from a relocation/ custody relocation case from Judge Carney

I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Jan 19, 2022

There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter n to give her brother power of attorney so he can put her children in school, doctors right away she is in

Ny Children in Atlanta Georgia will the power of attorney papers be okay .

Russel Morgan
Russel Morgan answered on Jan 12, 2022

Yes, though this question is a bit unclear but happy to assist you over the phone or email.

3 Answers | Asked in Family Law for New York on
Q: Can a mother legally take inheritance away from a 18 year old because they stole,snuck out and smoked as a minor

can inheritance(a big sum of money and land) be taken away from an 18 year old if they have committed crimes in the past?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 10, 2022

An 18 year old is an adult and as such an inheritance cannot be taken without a court order or a provision in the will to allow it.

View More Answers

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

View More Answers

1 Answer | Asked in Contracts, Divorce and Family Law for New York on
Q: Last page of my prenup was not signed by notary, only the appendices. Does this invalidate the document?

Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.

David Ivan Bliven
David Ivan Bliven answered on Jan 3, 2022

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »

1 Answer | Asked in Family Law for New York on
Q: Daughter and her mother moved to Florida. Buffalo,NY family court currently has jurisdiction. I am moving to Florida

Can I have have case moved to Florida?

Can I have Erie county child support collection unit terminated?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 29, 2021

As both parties are in Florida, jurisdiction would be in Florida. Child support that is being sent to support collection can only be terminated by agreement and/or court order.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 29, 2021

To begin with, unless there is an acknowledgement of paternity on file in the clerk of the town where the child was born, the father would have to go to court go get an order saying he is the father. Once he is established as the father, he has no greater rights to the child than you do. Based... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

David Ivan Bliven
David Ivan Bliven answered on Dec 29, 2021

First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »

View More Answers

1 Answer | Asked in Child Support and Family Law for New York on
Q: Does the amount of child support reduce for the non custodial parent if child doesn’t live with custodial parent?

If my child lives with grandparents instead of custodial parent how is child support calculated? Does the amount get adjusted because child doesn’t live with residential parent. Are both parents now obligated to pay? Let me preface by saying I have joint custody and I would like my child to live... Read more »

Howard E. Knispel
Howard E. Knispel answered on Dec 20, 2021

If a payee parent is no longer custodial of the child, he/she is not entitled to any child support. If the grandparent that is now custodial over the child they must petition for support from both parents.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Family law. If there is no court order as of yet, can my grandkids leave county of a visit with their mother?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 20, 2021

If there is no court order, each parent has custody and may go anywhere they wish with the children

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Grandmother was coerced into signing a deed transfer and wants to correct it. What should she do?
Toshinori Isoai
Toshinori Isoai answered on Dec 12, 2021

More facts need to be presented surrounding the "deed transfer."

View More Answers

1 Answer | Asked in Family Law, Personal Injury, Child Support and Small Claims for New York on
Q: Can I take any legal action against my parents for childhood abuse and neglect resulting in severe mental illnesses?

My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Dec 10, 2021

So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of... Read more »

1 Answer | Asked in Family Law for New York on
Q: Can my daughter be removed by cps with out court being involved?

I truly need help .. I know my rights have been violated.. please point me in a good direction

Kellisia Jocintha Hazlewood
Kellisia Jocintha Hazlewood answered on Nov 24, 2021

Yes, your child can be removed by ACS without court involvement. ACS has emergency removal powers that allows the agency to use its own discretion to remove children even before a case is brought to court. The case should then be filed in court in a few days.

2 Answers | Asked in Family Law for New York on
Q: Can a parent of two adult children get a "No Contact Order" for them without their consent? Or does child need to sign?
Kellisia Jocintha Hazlewood
Kellisia Jocintha Hazlewood answered on Nov 18, 2021

You can seek an ex parte Order of Protection against a family member in criminal court or family court, depending on the allegations.

View More Answers

2 Answers | Asked in Child Support, Divorce and Family Law for New York on
Q: Will the court keep a child support case in a different state even if the baby and mother reside in NY?

Mother and infant are residents of NY and father lives in FL. She filed for child support in NY and has been unsuccessful in serving the father in FL. Once he found out he then went and filed a support case against himself in Miami Dade court to bring the case down to FL and said the mother has no... Read more »

Kellisia Jocintha Hazlewood
Kellisia Jocintha Hazlewood answered on Nov 17, 2021

If mother and child are in New York, New York has jurisdiction over the case and not Florida. Your friend should retain an attorney who would be able to help serve the father in Florida.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: my daughters attorney in our battle represented her dad in a separate case prior to and after ours is that a conflict?

And can she get in trouble that she knew this and did not recuse herself ?

Peter Christopher Lomtevas
Peter Christopher Lomtevas answered on Nov 17, 2021

The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a... Read more »

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.