I bought the house as a sole owner 10 y ago. I have a daughter/ from a previous marriage who is now 19 y old. I got remarried after I bought the house. Can I transfer the ownership of the house to my daughter so in case of a divorce my current husband cannot take advantage of the home equity built... Read more »
We cannot provide legal advice as to how to bilk an opponent in anticipation of a court action. However, we can educate.
Trickery in avoiding exposure to a court's judgment as to realty will cause a heavily sanctioning of the tricky litigant. Indeed, New York law excludes separate... Read more »
Tried to have a process server serve current husband with court papers for paternity.. I had a baby with my boyfriend. Is it possible to get a paternity test done without my husband being involved? I attempted to serve him with court papers.
We cannot provide legal advice as there is no attorney-client relationship formed here on this website. We can educate.
One bit of education is that husbands are presumed to be the biological fathers of their wife's children. The asker wants to establish something New York law already... Read more »
We will be traveling abroad and our son will stay with my sister. If we get in a plane crash we want to make sure he is taken care of according to our wishes. We wish to appoint my sister as legal guardian. Should we establish a will to express our wishes in regard to our property and our... Read more »
We here cannot offer legal advice as there is no attorney-client relationship formed between the asker and the responding lawyer. We are an education site.
One bit of education is that the law works best when an event giving rise to a case already happened. This means the process is far... Read more »
I have 50 days to present an appeal that was filed by my previous attorney for a reversal of the verdict. I am seeking residential custody of my 7 year old. I need a good family law attorney
There is no "best way" to appeal any order from any judge in family court. The appellate standard is that the decision of a judge shall not be lightly overturned unless it lacks a sound and substantial basis in the record. This means that Carney, a Buffalo judge and former practitioner in... Read more »
Ny Children in Atlanta Georgia will the power of attorney papers be okay .
Yes, though this question is a bit unclear but happy to assist you over the phone or email.
can inheritance(a big sum of money and land) be taken away from an 18 year old if they have committed crimes in the past?
An 18 year old is an adult and as such an inheritance cannot be taken without a court order or a provision in the will to allow it.
School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »
Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.
Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.
If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »
Can I have have case moved to Florida?
Can I have Erie county child support collection unit terminated?
As both parties are in Florida, jurisdiction would be in Florida. Child support that is being sent to support collection can only be terminated by agreement and/or court order.
I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »
To begin with, unless there is an acknowledgement of paternity on file in the clerk of the town where the child was born, the father would have to go to court go get an order saying he is the father. Once he is established as the father, he has no greater rights to the child than you do. Based... Read more »
I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »
First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »
If my child lives with grandparents instead of custodial parent how is child support calculated? Does the amount get adjusted because child doesn’t live with residential parent. Are both parents now obligated to pay? Let me preface by saying I have joint custody and I would like my child to live... Read more »
If a payee parent is no longer custodial of the child, he/she is not entitled to any child support. If the grandparent that is now custodial over the child they must petition for support from both parents.
If there is no court order, each parent has custody and may go anywhere they wish with the children
More facts need to be presented surrounding the "deed transfer."
My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health... Read more »
So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of... Read more »
I truly need help .. I know my rights have been violated.. please point me in a good direction
Yes, your child can be removed by ACS without court involvement. ACS has emergency removal powers that allows the agency to use its own discretion to remove children even before a case is brought to court. The case should then be filed in court in a few days.
You can seek an ex parte Order of Protection against a family member in criminal court or family court, depending on the allegations.
Mother and infant are residents of NY and father lives in FL. She filed for child support in NY and has been unsuccessful in serving the father in FL. Once he found out he then went and filed a support case against himself in Miami Dade court to bring the case down to FL and said the mother has no... Read more »
If mother and child are in New York, New York has jurisdiction over the case and not Florida. Your friend should retain an attorney who would be able to help serve the father in Florida.
And can she get in trouble that she knew this and did not recuse herself ?
The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a... Read more »
He broke the order 3 times and was charged all 3 times. He is already on probation and I fear every day for myself, kids and husband. Is he more likely to be placed in a juvenile detention center or county jail
If the matter is in the Family Court he would be placed in the juvenile detention center until the matter is disposed of. Once the matter is disposed, you son can be placed in a secure or non-secure placement away from home.
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