Get free answers to your Family Law legal questions from lawyers in your area.
I am involved in court proceedings with my child's other parent in New York. The other parent has temporary visitation and is supposed to contact my child through a specific parental app at a set time, as directed by the court order. However, they frequently call at different times and use... View More 
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answered on Apr 11, 2025
You should file a combined contempt and enforcement petition coupled with a change of custody It is not in the best interests of the child to sleep with her father. I’d contact the attorney for the child because if there is one a pitiful. For change coming from the attorney for the child... View More
I want to get a divorce after being married for 4 years to a German citizen. We got married in the United States, and she currently lives in Germany while I reside here. We have no children or shared properties, and she has not been in the U.S. for over a year. Since March last year, we have had no... View More
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answered on Apr 4, 2025
The asker can file in New York if he has New York residency (not clear how many years are needed because we do not know how long the wife lived in New York if she did at all). The summons and complaint is served via an oversees process service company that will run into some money for translation... View More
If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.
answered on Apr 3, 2025
You can not voluntarily terminate your parental rights. Your obligation for child support continues regardless of your relationship with the child, unless you can show parental alienation or emancipation. Termination of parental rights only exists by court order either in an adoption or neglect... View More
If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.
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answered on Apr 3, 2025
I understand how emotionally complicated it can be to feel disconnected from your children while still having legal and financial obligations. In New York, terminating parental rights does not automatically eliminate child support obligations unless the court specifically orders otherwise in very... View More
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More
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answered on Apr 2, 2025
I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
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answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
In a child protective proceeding in New York, there is an ACD (Adjournment in Contemplation of Dismissal) that requires the respondent mother to comply with several conditions, including cooperating with supervision visits, ensuring her child receives mental health treatment, and maintaining... View More
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answered on Mar 27, 2025
Well, just as a breach of any contract carries legal consequences, the failure of a consenting parent to abide by an agreement to go through post judgment activities also carries legal consequences. "Consent" does not mean immunity from complying with cooperating with supervision visits,... View More
Can I take legal action against my mother for kicking me out of her house in Rochester, NY, when I was 18 years old? I had lived there for several years, was not paying rent, and was not given any notice or reason for being asked to leave. The issue arose because my mother was unhappy with my... View More
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answered on Mar 31, 2025
I understand that being asked to leave your home under these circumstances is distressing. In New York, once an individual reaches the age of 18, they are considered a legal adult. This means that parents are no longer legally obligated to provide housing or support. As a result, a parent can ask... View More
I'm facing a child support issue where my parental rights haven't been surrendered, yet I'm judged to owe over $3,500 in arrears, despite the other parent owing me over $70,000. The court magistrate refused to review my financial statements and made allegations without proper... View More
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answered on Mar 25, 2025
You may be able to qualify for a court-appointed attorney based upon your financial circumstances. You would have had to tell the magistrate before the hearing. It sounds like it is too late for you to do that now. Also, if the judgment was granted against you in 2023, it s too late to appeal it... View More
I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More
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answered on Mar 25, 2025
I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More
I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More
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answered on Mar 25, 2025
I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and... View More
I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More
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answered on Mar 27, 2025
This question proves a confusion of issues which require resolution with an attorney after a review of the case file. Otherwise, a response to this question is merely conjecture.
First and foremost is a thumbs-up to all the attorneys who appear on an appellate division listing of lawyers... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
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answered on Mar 27, 2025
We have no idea what happened to this asker. Another parent entered the picture in January, and poof, the child's custody is flipped and the question is how to unflip. We need more information: the facts, the age of the child, the living details of the parents (incomes), copies of transcripts... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
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answered on Mar 25, 2025
I understand how upsetting it must be to lose temporary custody, especially after having been the primary caregiver for your child's entire life. Regaining full custody in New York after a temporary order has been issued involves demonstrating to the court that a change is in the child's... View More
I am involved in a situation where the plaintiff, after filing for divorce, wants half of the equity in a house I own. Her name was added to the property title six years before she left. For four years leading up to the divorce, the plaintiff managed her income separately and continued to withdraw... View More
answered on Mar 20, 2025
Regardless of when the property was purchased, the act of adding your spouse to the deed is called transmutation, thus making it marital property. This does not mean it would be divided equally, but equitably. The distribution percentage depends on the pre-marital credit you might be entitled to.... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
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answered on Mar 16, 2025
I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.
Your divorce agreement... View More
I entered into a domestic partnership in California, but I now live in New York, and my partner lives in Maryland. It is a mutual decision to terminate the partnership. We've settled all property and assets, and there are no children involved. Can I terminate the California domestic... View More
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answered on Mar 13, 2025
I understand that ending a domestic partnership can be a complex process, especially when it involves multiple states. In your case, you are seeking to terminate a California domestic partnership while residing in New York, and your partner lives in Maryland. While the specifics of the process may... View More
How does a judge finalize a divorce without the defendant signing the Affirmation of Defendant in an action for divorce? The defendant was dissatisfied with the stipulation of settlement as he sought legal fees from the plaintiff, but the defendant's attorney ignored this request, and the... View More
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answered on Mar 13, 2025
I understand that you have concerns about the finalization of the divorce without the defendant’s affirmation signature, especially regarding the defendant’s dissatisfaction with the settlement and the request for legal fees. In New York, while the process of finalizing a divorce is generally... View More
In our 2023 divorce decree, we agreed that each of us would claim one child on our taxes. Last year, we filed accordingly without any issues. This year, my ex-spouse filed first and claimed both children for the Earned Income Credit (EIC), stating his lawyer advised it was permissible because he is... View More
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answered on Mar 13, 2025
I understand how frustrating this situation must be, especially when you have a clear agreement in your divorce decree regarding claiming the children for tax benefits. The issue you’ve encountered involves the Earned Income Credit (EIC), which is a valuable tax benefit for custodial parents.... View More
I have been raising a child since birth who is not biologically mine and is now 7 years old. The father has never been involved, and I have the child on weekends with the mother's agreement. There are no formal legal arrangements currently. I believe the mother's house is not safe for the... View More
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answered on Apr 1, 2025
While we are prohibited from dispensing legal advice given the anonymous nature of this web site and the lack of knowledge of the facts, some situations are too important for us to stay silent.
In general terms, New York as well as a majority of the states of the United States push for... View More
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