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New York Family Law Questions & Answers
1 Answer | Asked in Medical Malpractice and Family Law for New York on
Q: My son recently diagnosed with schizophrenia. He is 24. He lived in PR on his own since Jan 2016.

He had been evicted from two apts. Has no family to look out for him in PR. As the Mother I recently went to PR to file a petition to remove him from the apt. He was put in a psychiatric hospital for 1 week and was supposed to cone home to NY with me. After being released he did not want to take... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

This question is not a NY question. Since your son is in PR he is subject to the law of PR not NY. You need to speak with an attorney in PR to see what if anything can be done.

1 Answer | Asked in Adoption and Family Law for New York on
Q: I’m in buffalo New York, how would I obtain guardianship of my nephew.

There is nothing wrong with the home he is in. The school is better at my home

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

you would have to file a petition for guardianship and the parents would have to agree.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Custody for New York on
Q: Can My ex make me move back to NY?

My ex and i Start having problems on sept. And we agreed that i would have our baby in México where My family is and then he would go get us and return to the US (NY) but we Start having more problems once i confronted him for cheating on me so he text me i could stay un mx if i wanted and he... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

If the baby was born in Mexico, you cannot be forced to move back to NY. You also do not have to come back to sign any divorce papers. You should speak with an attorney about the divorce or ask the judge who has your case in the supreme court to appoint an attorney to represent you on custody and... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Family Law for New York on
Q: What happens if a father comes out positive for marijuana and the mothers test comes out negative can they take the kid

On a 3rd party calling child protective custody on family

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 30, 2020

The answer based upon the facts presented is no CPS cannot take the child. However, be aware that until ordered to do so by a judge, you do not have to take a drug test.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Child (over 18 ) moved in with me. Divorce silent on child support when roles reverse. Am I entitled to child support?

Child will be attending college full-time in the fall. Former physical custodial parent won't contribute for her support (divorce grants joint custody, but physical custody was with mother).

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 28, 2020

Yes you can go to court and request child support and contribution for college if you are paying for college.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My order ended on 5/12/2020 as my daughter turned 21, now I received an order to show cause, will it be restarted?

My divorce papers say nothing about continuing support past 21. I am the father and I filed an order to modify my order to stop my wage garnishment.

Howard E. Knispel
Howard E. Knispel answered on Jun 26, 2020

Child support terminates at 21 and can not be continued after unless agreed to, and then until 22 if the child is in college, but only if agreed. Other provisions (not child support) could be addressed. Speak to an attorney.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: My order ended on 5/12/2020 as my daughter turned 21, now I received an order to show cause, will it be restarted?

My divorce papers say nothing about continuing support past 21. I am the father and I filed an order to modify my order to stop my wage garnishment.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 26, 2020

Child support ends at 21. The court does not have the power to extend support beyond 21. The court however can enforce agreements that provide for support or college and even graduate school beyond 21 only if it was agreed to in WRITING.

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2 Answers | Asked in Family Law for New York on
Q: Can I move out of state/country when I have sole/legal/physical custody.

I have sole legal, physical, residential custody of my 8 year old. My 8 year old attends a British School in New York City and is taught in the British system as the plan when the marriage was great was to send child to English school eventually in England. The child is not taught the American... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 24, 2020

You should not relocate with the child without court permission. If the non-custodial parent does not consent ands is deprived of any court ordered visitation, you could be held in contempt or even lose custody all together. You should go to court to seek a modification to permit the relocation.... Read more »

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1 Answer | Asked in Family Law for New York on
Q: Can someone legally keep a biological family member from a funeral.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 23, 2020

Unless there is an order of protection no. However, keep in mind that you don't necessarily want to make a scene at a funeral.

2 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: With joint physical custody does one parent owning home and other renting impact what school child attends?

The child was already registered at school with father's address due to the mother temporarily losing custody during Kindergarten registration. The mother now has custody rights again. Father purchased a home in the child's current school district. Mother lives with family in the same... Read more »

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

Owning or renting a home ios not a relevant factor, in and of itself, in determining custody.

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1 Answer | Asked in Family Law for New York on
Q: NY temporary visitation order ?

I was granted a temp visitation order in 2018 on Sundays for about 4 hours I live In NJ , I acted on this order for about two months until mother started having issues not showing up being home late and also not responding my calls . We went back to court for an enforcement but nothing was... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 22, 2020

You say you had a temporary order if that wasn't made into a final order, you have nothing and have to start from scratch. Go back to court and file a visitation petition you can use the last address you have for the mother to start. If she can't be served, you will have to hire a... Read more »

1 Answer | Asked in Family Law for New York on
Q: 18 year old daughter trying to be more independent but parents aren’t being as loose on them, what could happen?

Ok so I have a friend who just turned 18 and has been staying out from her home but her parents are unaware where she’s going or when she’ll return. She usually just comes and goes as she please (sometimes she’s out for a few days) and her parents have asked her to stay home or at least come... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 21, 2020

Your friend and her parents would have to come to some sort of an agreement. They may want to go to a mediator. In regard to the police they wouldn't get involved unless the parents file a missing person report and then they would only try to find her they will not arrest her.

1 Answer | Asked in Family Law for New York on
Q: Are there any more ways to be emancipated even if you are still in that current household?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 21, 2020

You do not indicate what ways you are talking about. In general, if you are self-supporting, you can be emancipated.

1 Answer | Asked in Child Support and Family Law for New York on
Q: Will my ex have to pay child support for my 19 year old daughter. We live in pa and pa court said they go by NY rules.

I have two daughters with my ex one is 19 I was told they go by NY guide lines does that mean he will pay child support for my 19 year old daughter if I file? I never received child support except threw a restraining order when my oldest was 3 years old, but only for a few months. It never went... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

You are asking a question about New York or PA law, on a Maryland Q&A forum. You should set the geographic area to NY to get a proper answer. That said, I am unaware of any state law that provides for child support after a child reaches the age of 19. You daughter is an adult and is deemed... Read more »

1 Answer | Asked in Family Law for New York on
Q: My estranged 19 year old daughter recently moved in with me. I need her to move out. Help! NY is not father friendly.

My daughter is employed full time and has not been in my life for years. She asked to stay with me because my home is close to her job. She is belligerent and disrespectful. She kicked in my basement door because I locked it. She called the police because I was not giving her access to my washer,... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 18, 2020

You have two choices: 1) Go to family court and get an order of protection with a stay away - based on property damage. 2) Start an eviction proceeding. See a local lawyer to help with either or both choices.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for New York on
Q: Is it possible that if one of your children supposedly tested positive for methamphetamine and you not be charged

One of my children supposedly tested positive for methamphetamine but I was never charged or convicted for child abuse and neglect because it couldn't be proved that it was me the reason she tested positive but my kids are still in foster care. how is that. Things just don't make sense or... Read more »

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

If you live in Tennessee you should post this in that state.

2 Answers | Asked in Family Law for New York on
Q: Visitation order ?

I haven’t acted on a visitation that I was granted by the court from 10:00 to 2:00 Sundays only for about two years now, reason being I do not asked for this order because I wanted something more extended also I do not have contact with the mother either by phone or text I live in NJ she lives... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jun 15, 2020

Your failure to comply with the prior order and failure to excercise visitation or go back to court for 2 years will hurt you. You can file for a modification arguing that the mother refuses to effectuate visitation by refuses to contact you but you not taking any action yourself will not be a... Read more »

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1 Answer | Asked in Family Law for New York on
Q: I would like to find out I can I obtain a visitation order after two years I refused to follow the original order i

An order which I did not agree on and was basically issued on my ex-wife behalf . I didn’t proceed with any court proceedings after It and now I would like to obtain a more decent order .

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

Whatever visitation order was given is still in effect. For you to request a different visitation schedule would require you to show that there has been a change of circumstances since that order. It will be hard to do if you haven't visited the children at all. My advice is to at least... Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I live in a different state with ex who filed for divorce 1st but kids live with me. which state has jurisdiction?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

Whoever files first as long as the state has jurisdiction has the case heard in that state (for divorce purposes). However, if the children were out of the state for 6 months or more before the divorce was filed then the state where the children resided for those 6 months has jurisdiction over... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My wife left home for Covid but wants a divorce-she wants to come home with my kid for few weeks - what should I do
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 15, 2020

You really need to sit down with an attorney and go over all of the facts of your case this isn't something you can do on this forum.

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