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New York Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: If you and your ex has joint custody of your child. Does he have the right to tell me he won't bring her to me?

The car I use to go and get and drop her off with is having brake problems.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 17, 2020

If the agreement says that you have to do all the pick-ups and drop-offs, then it is your responsibility to do it. He should cooperate under the circumstances but he doesn't have to.

2 Answers | Asked in Family Law, Divorce and Child Support for New York on
Q: Good morning. I have a family court/order of protection case coming up on September 28. I can not afford an attorney

And was told I might not qualify for a free court appointed attorney. What other options do I have?

Thank you,

Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

You should remove your personal information for the internet and give it to who you contact. That said, feel free to reach out to a law office such as mine, or another, and see if you can afford an attorney. Many law offices will work with you on the costs. I do not recommend that you go at this... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Can the mother of children take my children anywhere she wants we are separated and have no formal custody agreement
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 9, 2020

Each of you have the right to take the children anywhere you think is appropriate. If you think that a place is dangerous you can discuss that with the mother or go to court and try to get a court order stopping her from going. If you are talking about relocating, then she would need either your... Read more »

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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: My father filed a false order of protection against me just so he could kick me out of the House could I sue him?

He has been threatening me for years in kicking me out for no reason and threatening to call the cops on me.He called the police on me and lied to them telling them I steal his stuff, and that I get violent.When in fact he is the aggressor. He goes around to neighbors and spreads lies about me.I... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

If you are under age you can file for support, if you are an adult your only recourse is a quick trial.

2 Answers | Asked in Divorce, Family Law and Child Custody for New York on
Q: Visitation visit from California parent refuses to prove quarantined or in ny 14 days prior can parent withhold visit?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 8, 2020

The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.

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3 Answers | Asked in Estate Planning and Family Law for New York on
Q: Do I add child support settlement in a will or will the state continue to collect and pay to my estate?

My child support arrangement was unique in that we each agreed to cover 60 / 40 % respectively. I received a judgment for $30 k which is currently being violated and with support enforcement on the trail. My kids are now adults. If i don’t call this judgement out in a will , is it lost? It’s... Read more »

Howard E. Knispel
Howard E. Knispel answered on Sep 5, 2020

Regular child support payments terminate upon the death of either the payor or payee. Judgments may be collectable against the estate of the Judgment debtor's estate but a claim has to be filed. Typically the parties are required by the Judgment of Divorce to carry life insurance to cover... Read more »

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Question Regarding Guardianship in NYS Family Court

I have a NYS Family Law question regarding Custody/Guardianship.

I currently have a court date scheduled for Guardianship of my cousin’s children who were removed from her care in June by CPS due to severe abuse & neglect along with mental illness and drug use.

The court date... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 3, 2020

Since you have guardianship of the children you can file a writ in Family Court for their return that would get you into court much sooner. At the same time you can file for guardianship of the other child.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: I want to leave my current relationship. We are not married, but we do have two children together; 3yo and 7mo.

I was going to leave and he said that if I did, he would only let me take one, not both. He said that in ny I have no more rights to them then he does and so the cops cannot get involved. That they cannot stop me from leaving with them but that if he is physically holding one, they cannot make him... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 3, 2020

To begin with, if there is no acknowledgement of paternity signed by both of you he is not legally the father in NY until he goes to court and gets an Order of Filiation. If there is an acknowledgement, you can just leave with both children when he is not around and then file for custody in Family... Read more »

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1 Answer | Asked in Family Law for New York on
Q: Should a GAL ask a three year old “do you want me to help you have less time with daddy and more time with mommy”
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 31, 2020

It does not sound like an appropriate question.

1 Answer | Asked in Divorce, Family Law, Adoption and Child Custody for New York on
Q: Hello! I was wondering how I could terminate my biological parents rights? He is abusive and I'm looking for a way out.

I have 2 siblings whom dont get the same treatment that I do and both of my parents are in law enforcement, I'm not gonna specify what they do to me because I dont wanna type it but lets just say it takes up my entire day and leaves me with no time for school work. My mom is abused as well but... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 25, 2020

Unfortunately, the only way to terminate parental rights is for the Department of Social Services to file neglect petitions against your parents. Once you are 18 and self supporting, you no longer have to have contact with your parents if you don't want. At this time you have to either stick... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Son father is homeless endangerment of a child charge a full stay away in place what's the chances I win full custody
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 24, 2020

Based upon what you have indicated, there should be no problem getting custody

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1 Answer | Asked in Family Law for New York on
Q: My sons fathers was in arrears for years in nyc he came into a settlement and paid his 18k arrears and added 10k

Child support deposited the 18k but not the 10 it’s posted to my child support account as a payment but I can’t access it are they going to keep it

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 24, 2020

They won't keep it. If the extra 10 was a "gift" and was not part of any order, then Child Support will likely send the money back to the father.

1 Answer | Asked in Family Law for New York on
Q: How could I be emancipated at the age of 15 here in the state of New York?

I am a 15 year old, female, and I believe that my situation has crossed into abusive and neglectful. My mother has over the years shown signs of hateful behavior towards me and refuses to see me as anything other than my father, whom she has left as of 5 years ago. It hurts yes, but I seek an... Read more »

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

It would be difficult for you to become emancipated as you cannot support yourself. You can however, report what is going on to the Department of Social Services who will investigate and take action if things are as bad as you say.

1 Answer | Asked in Family Law for New York on
Q: If I am pregnant and apply for dss both the father and I are together and plan on being together will he be charged.

Will he be charged child support as well?

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

They will expect him to pay child support. In regard to being "charged" you don't give any information to answer.

3 Answers | Asked in Child Custody and Family Law for New York on
Q: Can I move back to another state with my daughter while separated from my husband?

We lived in Chicago for 3 years while my husband was in graduate school. I separated from my husband over a month ago. He has been verbally and emotionally abusive,and one day he became physical in front of our child, and I ended up at the police station filing a report for domestic violence.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 20, 2020

If you have lived in NY for over 6 months then NY is the home state of the child for custody and visitation purposes. If you were to move without your husband's agreement, he could bring on an action for custody. If that happens, the court can order the child to be returned to NY. You would... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Hi, I have a question regarding my newborn child who was born on June 25th.

unless There is any kind of restrictions or any official order, do I have the right to ask the mother to bring my Son to my house or if she don’t want to come , can I bring the Child alone?

Nina Mironenko
Nina Mironenko answered on Aug 20, 2020

You should file a petition in Family Court for joint legal custody and parenting time. You may have to take a paternity test, if the mother does not acknowledge that you are the father. She will also most likely file a petition for child support. Child support for one child is 17% of your... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for New York on
Q: can a 15 year old decide with which parent she/he wants to live if they divorce?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Aug 10, 2020

A judge will speak to the child to see what his wishes are if the parents don't come to an agreement. While the child's choice carries a lot of weight, it is not binding on the court and the judge still has to decide what is in the child's best interests. If the child turns 16... Read more »

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2 Answers | Asked in Adoption and Family Law for New York on
Q: So my sons biological father hasn’t seen him in a year can I file for abandonment? Or can my fiancé just adopt my son?
Howard E. Knispel
Howard E. Knispel answered on Aug 6, 2020

Neither. Without the biological father's permission it is nearly impossible to do an adoption. You need to get the biological father to agree and sign a waiver to get your fiancee to adopt.

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: If there is no custody agreement for the children, can one parent who has the children more, change their school?

I have the kids mostly on school nights and partially the weekend. My ex wont agree to any custody order until trial and trial was pushed back til 2021 because of COVID. Can I legally chnage their school to where I live since I drive 15 there and back almost daily to get them from his house,... Read more »

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

The courts don't like unilateral changes while a case is pending. If the two of you can't agree, have your attorney ask for a conference with the court or file a motion asking for the relief you want.

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