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New York Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 18, 2021

If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is it legal for a judge to continue a custody appearance if I wasn't assigned a lawyer yet?

There was a delay on me getting a lawyer assigned until the day of my appearance. The respondent had his lawyer. I stated that I need a lawyer right at the start but the judge let the other side talk bad about me for awhile and go on with the appearance.

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 12, 2021

Yes, it is legal. Hopefully, once you gain an attorney, he or she can address any prior misunderstandings that occurred at past court appearances when you were not represented by an attorney.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: im 16 year old foster child and need to emancipated. what should i do

i have a foster parent and home life is stressfull.

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

Speak to your CPS worker about moving to another home. There are many advantages to staying in the system such as help with college.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it legal for a public defender to represent me when he represented my ex in a case in 2011?

I was assigned a counsel for an article 10 case who represented my kids' father back in 2011 in a criminal case. I feel this could be grounds for a conflict of interest because he may have personal feelings in this case. I wouldn't feel this way if the attorney replied to any of my emails... Read more »

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

There is nothing "illegal" per say in the attorney's representing you. However, based upon the fact that there is no communication between you and the attorney, you can request a new attorney be assigned.

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.

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