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New York Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: My babymother got into a altercation and she hit me from behind, I turned around and slapped as a reflex. What should Do

She’s threatening to get a order of protection against, sending me to jail and is not letting me see my child

Howard E. Knispel
Howard E. Knispel answered on Nov 23, 2020

If she hit you, you can file for an Order of Protection against her, and file for custody.

1 Answer | Asked in Family Law for New York on
Q: my child has court ordered visitation with his paternal grandmother but has been causing alot of confict with my family

i want to stop visits from happening because of some important issues we have been facing regarding toxic enviorment and my son doesnt like going with her but im forced to send him i dont know where to start with ending her visits

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 19, 2020

Since there is a court order, you need to see an attorney to go over all of the circumstances that led to the court order and the change that has occurred.

1 Answer | Asked in Adoption and Family Law for New York on
Q: Can a convicted felon in new york state adopt his girlfriends children

Our daughters live in friend would like to adopt her 7 children to protect them from the paternal families in the event of her demise. None of the bio fathers have been involved for over 9 years and 17 in some cases. What is required for adoption

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 17, 2020

If the fathers are alive you would need to get their permission.

2 Answers | Asked in Divorce, Family Law, Adoption and Child Support for New York on
Q: Does remarriage and adoption end court ordered child support in New York?

My mother and father divorced in 1984. My father was ordered to pay child support. My mother remarried in 1989 but my stepfather did not adopt me. Had he adopted me, would that have nullified the child support mandate?

Howard E. Knispel
Howard E. Knispel answered on Nov 16, 2020

Adoption terminates the parental relationship of the biological parent that is replaced by the adoption. As such, child support is no longer an obligation. However, arrears of child support still remain.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: how can i

I was awarded full custody of my daughter back in 2010 in kings county family court I had been raising her myself up until 2016 when the mother came from Suffolk county and took her i did all the running around to courts ping pong for two years but nobody really took any action sufffolk county has... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 16, 2020

It all becomes a question of what orders may have been issued. If you still live in Kings County, go to family court and file a writ, the mother will have to appear in court with the child and if you indeed have a valid order, you will leave the court with the child based upon your order.

1 Answer | Asked in Family Law for New York on
Q: I have a post judgement NJ Court Order my ex husband has not complied with and I need to have it enforced in NY

My ex husband lives and works, he's a business owner in New York, NY

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 11, 2020

you can file a certified copy of the order in the county where he has his business at the county clerk's office and then start an enforcement proceeding.

1 Answer | Asked in Family Law for New York on
Q: Because of my health conditions, I live in an apartment in my mother and father's house for free. My mom has cancer.

When she dies, she wants me to continue living in the apartment but my dad is threatening to evict me when she is not around. Can she draw up a document to help me? When he sells house, can I inherit her half?

Tim Akpinar
Tim Akpinar answered on Nov 11, 2020

You await a response for a week. More so than family law, this appears to be something on which you may want to consult with a Landlord-Tenant attorney and Probate-Estate Planning attorney. You could repost under those headings or reach out to attorneys in those areas. Good luck

Tim Akpinar

1 Answer | Asked in Family Law and Child Support for New York on
Q: My question is my Ex move from New York to Florida without any permission from the court it's been 14 yrs now I'm lost
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 9, 2020

You haven't stated what the problem is. If he moved alone without the children, he didn't need permission from you or the court.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Is my son's separated wife entitled to an insurance settlement I received after date of filing?

My son initiated divorce. Wife keeps rejecting settlement offers. After divorce filing, she destroyed a tractor in one of her multiple suicide attempts. My son is paying for the tractor that was acquired during the marriage. He grows the crops and cares for the animals. I own the farm and pay all... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 6, 2020

It is highly unlikely that any court would give her any of the proceeds from her deliberate act especially if the money is used either to pay off the tractor, fix the tractor or acquire a new one.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for New York on
Q: My 18 year old left NY to Nebraska to stay with her girlfriend & parents. Parents never told me. 19's legal, what to do?

I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?

Howard E. Knispel
Howard E. Knispel answered on Nov 5, 2020

While I can not comment on Nebraska law, in NY the age of majority is 18 and a NY court will not take a case incolving the custody of an 18 year old.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My son is 8 month old and my son's father have only given me 700 towards him financially i already sent out the child s

Support documents to the family court my question is can i file for back payment when my case finally reach in court?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 3, 2020

Support will be retroactive to the date you filed the petition.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I make my kid's father give me their vital documents?

Recently had an emergency hearing to gain sole legal and physical custody of my children. Their father has been holding on to their birth certs, SS cards, and insurance cards and is refusing to give them to me. I understand I can order copies but this would cost extra money that I'd much... Read more »

Howard E. Knispel
Howard E. Knispel answered on Nov 2, 2020

You do not say whether the court granted you sole custody. If so, the court can order the father to turn over the docs.

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1 Answer | Asked in Family Law and Child Support for New York on
Q: My children's father stated he got a letter raising his support from 734 a month to 1,100. I didnt

receive a letter from family court. He is refusing to show me the letter and is blaming me. Can family court up child support without both parties being informed?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 2, 2020

He got the letter because he has a right to object to the increase and go to court to fight it. If he doesn't challenge the increase you will be notified by support collection of the increase. If he goes to court, the court will decide how much the support will increase (usually its the... Read more »

2 Answers | Asked in Child Custody and Family Law for New York on
Q: With a custody order in New York already, how can another state end up with full jurisdiction

She took my boys to Arizona despite a custody order in ny stating she couldn’t. Then filed an oop and got emergency jurisdiction in az. Would Arizona be able to take permanent jurisdiction?

Howard E. Knispel
Howard E. Knispel answered on Nov 1, 2020

Under the Child Support Jurisdiction Act, whatever state thew child has resided in for 6 months is the state of jurisdiction. If she has resided in Arizona with the children for 6 months then Arizona has jurisdiction. You can still fight the case but it would be in a Arizona court. You can also... Read more »

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1 Answer | Asked in Family Law for New York on
Q: if my parents sign over there house to me do I owe my sister anything if I sell it or stay there?
Tim Akpinar
Tim Akpinar answered on Oct 29, 2020

Your post remains open for a month, and it may be because this matter looks like it could involve issues outside of family law, the category in which you posted. You may want to consult with a real estate attorney as to how your parents plan to handle the transaction, and possibly also a... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I am living in NY and I give 60 dollars weekly in ChildSupport she’s asking for more but she doesn’t work at all

She also has 2 more baby father that aren’t helping her but she wants to take more money from me . How much would a court dictate me to pay if I take her to court for child support . Also she lives in Puerto Rico

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 25, 2020

Child support depends on your income, without knowing your income it is impossible to say what you would have to pay. Speak with an attorney to get a better idea of your situation.

2 Answers | Asked in Family Law for New York on
Q: I have a friend who’s 17 and her father said that he will still have control over her till she is 23. And will set up

A pins order and send her a way to a foster home till the age of 23. She wouldn’t be able to see her family members or noting. It makes no sense plus she is already in college

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2020

Unless placement is made before the age of 18, there is no PINS after the age of 18. Additionally, if placed before 18, then placement ends at the end of the 1 year placement.

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1 Answer | Asked in Family Law and Gaming for New York on
Q: I bought an $1800 laptop with my own money that i worked for and my mom is threatening to smash it, Can she do so?

im 16 and obviously i live with her

Tim Akpinar
Tim Akpinar answered on Oct 15, 2020

From a legal standpoint, that would result in a property damage matter. From a practical standpoint, while it's no one's business, parents generally want the best for their children. If the laptop has created tension in terms of interference with school or placed a burden on your budget,... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Who will get the money?

I wouldn't leave my wife with nothing. I'm the only one who makes income. She has no income and cannot prove how she made the money in her account. All of the money is in her account. She believes I will not be able to have any of it. Is this true?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 12, 2020

Any monies in any account after the date of the marriage is "marital" money unless the holder can show that it came from separate property. Based upon what you have indicated, the money would likely be split depending on all the factors of the case. I would suggest that you do not put... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: What court case is the people vs. Crampie? Its a child abuse, medical neglect, custody case?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 9, 2020

That would be a criminal case.

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