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New York Family Law Questions & Answers
2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on
Q: In family court if perjury has easily been proven, can the defendant request it to be taken to criminal court?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2021

It can be referred to the DA by the Family court judge but is almost never done.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex wants downward modification on child support- feels too much is being taken from his unemployment benefit.

My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is it possible for an incarcerated father to get court ordered visitation? No paternity has been established

It’s not safe to bring my 1 year old to a jail with the virus going on. He’s threatening to take me to court if I don’t bring my child there.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

It is possible to get visitation in a prison. However, your first problem is to establish paternity. Without paternity being established the courts will not order any type of visitation or contact.

2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in... Read more »

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1 Answer | Asked in Family Law for New York on
Q: Do I have to send my daughter to my ex’s house if he isn’t her biological father?

He has been in her life since she was 10 months old, she’s 11 now. He left us, and she started asking if she had to go as she doesn’t want to.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 14, 2021

If there is no court order for visitation then the answer is no.

1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for New York on
Q: How do I petition the court in NYC for a typo error correction on a judgement order?
David Ivan Bliven
David Ivan Bliven answered on May 13, 2021

If it's in a divorce case, then you'd file an order to show cause for an amended judgment. You'd need to submit an affirmation/affidavit stating the reason for the correction. Schedule a consult with a NYC Family Law attorney for a full assessment.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I am the custodial parent and my son lives with dad 2 nights one week and three the other.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich 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.

1 Answer | Asked in Family Law for New York on
Q: Can my husband refuse dna when he is not the father?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 20, 2021

The courts want his DNA only to exclude him if there is a paternity petition brought by another man. In NY a child born of the marriage is considered a child of the married parties.

2 Answers | Asked in Family Law for New York on
Q: What if my husband wants to divorce before the baby is born? Would he always be the father?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 8, 2021

In any divorce decree, there is usually a recitation in regard to children or that none are expected. If there is a child expected, that would usually be noted. No matter what, even if this were overlooked, you can always go to Family Court and bring on a paternity proceeding where he could be... Read more »

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1 Answer | Asked in Family Law for New York on
Q: How can I make my husband recognize OUR child, if he is not there at the hospital? He doesnt want recognize his son

Hi i'm married with an american man. i'm pregnant of his baby and i live in Italy.

He doesnt want to have a baby with me, for his problems with his kids from his previous marriage

He wants from me an abortion.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 7, 2021

Your husband does not have to be at the hospital. Under NY law, a child born during the marriage is a child OF the marriage which means he is automatically the father.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for New York on
Q: Is it illegal for my grandma to keep my mom away from me wen I did not do nuffin I have no stay away no nuffin

Yes my grandma is 83 years I’m 28 my mom is 57

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

Since you are over the age of 21 you can see your mom unless there is some sort of court order that prohibits that.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for New York on
Q: My wife filed a bunch of faults police reports on me with her friend some how I got charged with a felony esdropping

Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter will be turning 21 in March 2022. When should I file to have it stopped. I also live in PA she lives in ny.

Do I have to go to Long Island and file or can it be done through mail?

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

You should likely file a month before her birthday (assuming there is nothing extending support to 22 in your divorce). You can file by downloading the form and e-mailing or regular mail the petition. Or you could hire an attorney who can do everything for you.

1 Answer | Asked in Adoption and Family Law for New York on
Q: Hi, I’m 28, and am going to get adopted. Would I have to make any changes on my child’s birth certificate?

She was born in Puerto Rico

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

If you're birth name is going to be changed on your birth certificate then it should be changed on hers.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My mom has been claiming child support my father has sent her for the past 6 years even though I have been emancipated.

New York State. Did not receive a single dollar even though the money is supposed to be to support myself? Have lived on my own and didn’t go to college. She received 6,000 in arrears from my father is she entitled to keep all of that from me???

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

Child support is paid to the parent until the child is 21. If the monies your dad is paying is arrears, then it is money that was due while you were living with her. The money is due to her.

1 Answer | Asked in Family Law for New York on
Q: When and how can I claim the 20 year statute of limitations has run its course in NYS?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 8, 2021

The question isn't clear. However, if you are asking when the statute "runs its course" to mean the last date that arrears can be sought, then the answer is 20 years from the last date that support was due. That would be a defense in an action for arrears and would only be used at that time.

1 Answer | Asked in Family Law and Health Care Law for New York on
Q: My girlfriend's 22 year old daughter is under my girlfriend health care insurance.

Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.

We live in New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My brother lives in PA, his 23 year old son lives in PR. Can my brother go somewhere to stop on going payments?

My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.

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