Me and the father of my child have joint custody. Placement was with me here in NY but changed in August cause she wanted to move in with him in WV. Now she is wanting to move back with me but I'm not sure where to file. NY or WV, cause they are both telling me to filed in other state. The original... Read more »
You have not indicated that the original order was modified to give the father custody. If there was no modification, nothing needs to be done. If there was a modification, as long as the original order was from NY and the modification was done in NY, NY has jurisdiction and you can file in NY.... Read more »
Her. She took me to court to enforce the agreement because I didn’t leave. The judge gave me an extension until the last day of April. Now with this situation of the covid 19 I can’t go out, not working and I’ve heard gov Cuomo saying that the evictions have been cancel for a few months. Can... Read more »
Yes, evictions are stayed and the Courts are not open. Should you not comply, when the Courts reopen they maybe able to evict you, but this will be dependent on the facts of the case and the Court Order.
I recently had to call the police on my husband for pushing me off a ladder for standing up for our son. There is a police report filed, however he is back in the house and making threats to break our devices if he sees them, he has taken all of the chargers and my son has not been able to do his... Read more »
You should know, that the Family Court is still open in every county it just might be held in a difference courthouse. Based upon what you are saying, you can go to family court and get an order of protection putting your husband out of the house or at least one that says he can't do anything bad... Read more »
It depends on whether or not the attorney contacts the court and explains why he is not there. Many times the court will reach out to the attorney to see why they are not in court. In most cases, the court will adjourn the hearing for your attorney to be there or for you to get a new attorney.
3 month Old son with him. She wants to leave and come home with me. He said he'll call the cops and CPS if she does. Because I don't have an actual bedroom for the daughter or baby. Does that matter? It would be temporary til I can get her somewhere else to live. She doesn't have a paper trail... Read more »
Your daughter can move in with you. The police will not do anything except tell everyone to go to Family Court. CPS won't get do anything unless the children are in danger. Your daughter should move out and immediately go to Family Court and file a Family Offense petition and ask for a stay-away... Read more »
I assume my ex is making more and I want to file a modification how can I find out how much she makes legally?
If you get paid through support collection they will know her income and if a modification petition is appropriate. If it has been three years since the last modification you can file for a modification. Keep in mind, that the income had to go up 15% for a mod based upon increased income.
Is denying our unborn child and refuses to sign or appear in court for paternity can I Savage DNA as proof for child support in the near future
The legal presumption in New York, that any child conceived during the marriage is the child of the husband. Unless he brings a paternity action to rebut that presumption, he will be, under the law,. the father of the child. You do not have to do anything. As soon as the child is born, he will be... Read more »
It was modified in 2014 and 2017 but the original order was prior to oct of 2010 and not for 15% change in income. Does the clause apply in if income changes 15% that is not a basis for modification.
Since the order was modified, any further modifications are measured from the last modification.
It's a violation on a order for in lieu of maintenance since 2012. the company that served him messed up and didn't file proof of service nor give me a copy to to do it til 3 mos later. H e and his lawyer showed up so obviously he was served, but it was not calendared, and became paper only. I was... Read more »
Write to the Administrative Law Judge
Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year old son. I am interested in filing for uncontested divorce and i do want to include child support into the divorce proceedings. My husband already has a child support case for his 14 year old... Read more »
You ask many questions and really need to sit down face to face with an attorney to get the best answers based upon the facts of your case. In regard to a divorce, the divorce includes custody and child support as part of the proceedings. Depending on the judge, you might be able to get temporary... Read more »
It really depends on the age difference at the time of the relationship. In NY Statutory rape occurs when a person has consensual sex with someone under the age of consent. ... It is considered statutory rape to have sex with anyone under 17 years old in New York. However, there is a close-in-age... Read more »
Ex-spouse refuses to follow through with property agreement set in divorce decree. Currently financially frozen. How do I go about enforcing? What kind of lawyer do I get? Divorce or Property/Real Estate.
You need a divorce lawyer
HI, my friend has an physically and verbally abusive mother but him and his father are scared to go to court due to mothers usually getting custody over the children. He is a 16 yrs old and really needs help. How can a lawyer insure that his father will get custody. The mother is unemployed
If the father files for custody, the court will appoint a lawyer to the 16 year old who will represent him at all stages of the proceedings. That lawyer will tell the court who the 16 year old wants to live with. The judge will also speak to the child in her office (chambers) to see what the... Read more »
No but you should let the parents know where she is if she is a runaway.
Proofs such as suicidal attempts, alcohol and substance abuse, selling of illegal substances, arrest records, domestic violence.
The answer is no. If you have the proof that you say you have and you can show this occurs around the child or in some way endangers the child, you can ask for supervised visitation.
It is but I would contact the court that issued the order and have the name corrected ASAP.
Or married but separated on the death certificate worksheet ?
Just married. Separated means a separation agreement.
the child was taken away for abuse, neglect, drug addiction and she is a special needs parent. my mom fild for guardianship and the birth mom has done nothing yet. does my mother have anything to worry about and she said my brother and I have to sign paperwork saying WE don't want custody of her,... Read more »
This is a surrogates court question. As to anything to worry about, it is impossible to say as there isn't enough information and it is impossible to predict what will come up in court.
My children's father and I have lived together for more than ten years. In the last three years, he has not worked at all nor contributed to paying any bills. I have asked him to leave our rented home and attempted to make arrangements for us to split custody of the children, however he has not... Read more »
Unfortunately, there is no way you can get him out of the house unless you were to get an Order of Protection that orders him out of the house. From what you have said, there are no grounds for an order of protection. You can however bring on a petition for child support in family court as he is... Read more »
Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.
Contact your local bar association for attorney specialties and recommendations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
