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New York Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: A foster mom hit my 8 year old on the hand twice with a wooden spoon the second time she said stop crying cry baby
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 20, 2021

You didn't ask a question you only stated something. What you should do is report this to CPS, your lawyer and the court if you are in court.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: I'm fearful of health an safety of my great grandson.my grandaughter is involved with drug addict

Hes psychotic extremely bad,has madexthreats to kill my grandaughter an baby.she continues to stay in that environment.been working with cps whom is of little help what can be done

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 15, 2021

Unfortunately, as a grandparent there isn't much that can be done if CPS doesn't feel that court intervention is necessary.

1 Answer | Asked in Family Law, Child Custody and Child Support for New York on
Q: What is my best course of action?

My ex has not seen my kids, going on 3 years. He also has not paid a penny in support. He owes about $45,000. He owns a business and does not give himself a paycheck. I supplied the court with his bank information, all addresses, and a list of assets and places he rents to store things. Why... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 15, 2021

Your best course of action is to file a violation petition with the family court. The court can then put him in jail if they find he willfully failed to pay the support order and award you attorney fees for having had to bring the action. In regard to sole custody, it sounds as if you have sole... Read more »

1 Answer | Asked in Child Support, Family Law and Health Care Law for New York on
Q: I need a question answered regarding health insurance coverage for my child after a divorce

My daughter is 21yrs old and is on her stepmother’s health insurance plan (Independent Health). It was a stipulation in child support papers that her father be responsible for her health care coverage. Obviously, her child support ended when she turned 21yrs old and now her father and stepmother... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2021

Unfortunately, the answer is no to your question. Since your daughter will not be a member of the stepmother's household she cannot be covered.

1 Answer | Asked in Estate Planning and Family Law for New York on
Q: meaning? “I nominate and appoint my children, John A, Jay A, and Cee A, alternate Co- Executor’s of my Will

so all 3 are equal Executor’s since my dad who was appointed Executor has passed?

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 8, 2021

It means that if the primary Executor is unable or unwilling to serve, the children named will serve together in that capacity.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Can they send me to jail for non-payment of child support while waiting for the decision on modification?

I filed for modification in June and have no income to pay the support. I have paid as much as I can and have fallen behind. I'm afraid they will take my license or send me to jail. I am behind 3 payments this week. They told me it can take up to 60 days for a decision and will go back to my... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2021

Before you can be sent to jail, there must be a violation petition filed and a decision that you willfully failed to pay the support. Based upon what you have written, you cannot be sent to jail. Your license can be suspended but that depends on just how much you owe for how long.

1 Answer | Asked in Family Law for New York on
Q: should i file abandonment if my child father hasn't seen her since she was 3 months old?

so my daughter is gonna be 2 in September her father has a court order that he takes her every other weekend and hasn't taken once every time i ask he tells me no he hasn't seen her she was like 3 months old. now that she is 2 she doesn't even know who he is and wont even go to him... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 23, 2021

Unfortunately, there is nothing that you can do. Visitation is a right, not an obligation.

1 Answer | Asked in Family Law for New York on
Q: if i take my son to pennsylvania where consent for a tattoo is legal for a minor can i get into trouble in ny my state
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 16, 2021

NY will not get involved however, the other parent may have objections and it may become a court issue between the 2 of you.

1 Answer | Asked in Family Law for New York on
Q: If a child was born in Puerto Rico and the dad lives in the states how do we establish paternity and get visitation
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 13, 2021

You need to seek the advice of an attorney in Puerto Rico as it would be done under their law.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Does a week of summer vacation include your weekend parenting time or is in addition to it?

I need some clarity on the order. It says "The mother and father are entitled to spend 2 non-consecutive weeks with the child each summer". Father has Every Other Weekend schedule. Is one week seen as five days or seven days? Would the vacation include his weekend in this vacation week?... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 13, 2021

Unless stated otherwise, the vacation time supercedes weekend visitation. If your vacation is at the same time as the other parents normal weekend visitation, the vacation time counts and the weekend does not.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can I be liable for cosmetic, non medically necessary procedures such as dental retainers?

I'm a non custodial parent, per court order I am responsible for 53% of unreimbursed health related expenses. My daughter recently got dental retainers placed. Per dentist office these were voluntary and not medically necessary. Insurance doesn't cover as they are considered a cosmetic... Read more »

Howard E. Knispel
Howard E. Knispel answered on Aug 10, 2021

If these are purely cosmetic and there is no medical necessity, unless your order says otherwise, you may not be responsible. The mother needs to make the argument these are medically necessary.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is 16, can she choose to live with the other parent?

My daughter is 16 and wants to live with me now. She has lived with her dad since the age of 5. We did not go back to court for this. We did it on friendly terms but now that she wants to come back to live with me he says no. When she was around 1 year of age we went to court and had joint custody... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 5, 2021

Since the court order was never changed, it is still valid.

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

2 Answers | Asked in Real Estate Law, Divorce and Family Law for New York on
Q: Can I sell my half of a house co-owned with my ex-wire? We are both on the mortgage.

Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... Read more »

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2 Answers | Asked in DUI / DWI and Family Law for New York on
Q: My granddaughter’s father was issued a restricted drivers license for a DUI & he is telling me that he can drive w baby

He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.

Howard E. Knispel
Howard E. Knispel answered on Jul 23, 2021

If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.

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1 Answer | Asked in Family Law for New York on
Q: Is an agreement made during mediation binding if both parties agree to the terms?

After an initial court date for visitation order, we were asked if we wanted to go to mediation. During the mediation we both agreed to the visitation schedule. The mediator drafted the document with the partial agreement between both parties before sending it to the court. Three days after, one... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 23, 2021

Unless the agreement was placed on the record in front of a judge and both parties agreed to it on the record then the agreement is not binding.

1 Answer | Asked in Family Law for New York on
Q: If a father has two children with two different birth mothers but only see one kid, is that abandonment?

My ex and I just split and he is trying to get a lot of stuff but he hasn't seen his other daughter in a year and 3 months but is taking me to court to see our daughter but doesn't care to see the other one

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 22, 2021

"Abandonment" is a legal term that only applies to neglect cases. The fact that the father does't see his other child has no bearing on his right to see the child he has with you.

1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

1 Answer | Asked in Family Law and Child Support for New York on
Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Is leaving a higher paying (overworked, understaffed) job for a lower paying one considered voluntary leave?

This job included 12-hr overnight swing shifts. I gave my all, worked there for 2 years, waited months for a promised promotion. All I’m trying to figure out, is “how do I prove to the is judge im not scamming the system or my child??” I went back to my Highest paid skill set (sous chef,... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

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