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New York Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: What can I do to keep my grandson?

My grandson begin living with me 1 month before everything closed down due to Covid-19. I applied for Medicaid only for him because my job insurance wouldn’t allow me to add him. He attended 3K at a public school and is currently in PreK. He has some developmental delays in which i had him... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 25, 2023

You will need to file a custody petition in the family court in the county in which you live. Because you are a non-parent you will need to show extraordinary circumstances. The fact that your grandson has lived with you may constitute extraordinary circumstances.

1 Answer | Asked in Child Support and Family Law for New York on
Q: can a child over the age of 18 receive direct child support payments in new york?

The mother believes the child support money is hers and refuses to give the money to the child to have. The child is 18 years old and is attending college. The child has no job and goes to college outside of the state the child support is issued in. The mother either wants the money or wants to end... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

The answer is yes - so long as the child is no longer residing with the mother. A Child may self-petition for child support pursuant to Family Court Act 422. For a full assessment, schedule a consult with a Bronx Child Support Attorney.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: RE Petition for Modification of Order of Custody or Visitation or Request for Guardianship? - Family Court

I asked for and was given the documents to file to request Guardianship of my grandson, of whom I have joint custody and primary physical residence of currently. It is a lengthy form with a number of questions that don't apply to me. Can I simply Modify the Order of Custody and Visitation to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 23, 2023

You already have joint custody with residential custody. If anything, the proper petition would be a modification though you haven't explained why a modification is necessary if at all.

2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 22, 2023

You should file a violation petition with the court and perhaps a modification petition to change the supervisor of the visits.

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2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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2 Answers | Asked in Family Law, Domestic Violence and Legal Malpractice for New York on
Q: Why would I use an attorney provided by this judge ?

I'm not comfortable using an attorney in Herkimer county especially one provided by this judge! Especially if my brothers mother in law who could have possibly plaid a hand in his decision to put me and my family on the street in the middle of winter when I was the assaulted party ?

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

The appointed lawyer is an independent attorney who is on a panel with no connection to the judge. Of course, you are always free to hire your own lawyer if you have the means to do so.

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for New York on
Q: Family court judge left us homeless due to charges I pressed and other party retailate with a false OOP. Needing help

I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.

1 Answer | Asked in Family Law for New York on
Q: My lawyer got sick in the hospital I had a court date today he said he would adjourn it but I it got dismissed why ?

My lawyer said it would be a journey but the courts dismissed it is this the same thing

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 16, 2023

No. An adjournment is simply postponing the court appearance until another date. A dismissal means the case is over. If you need it to continue you need to file a motion or new case. Talk to another lawyer to see what your next step should be.

1 Answer | Asked in Family Law for New York on
Q: If my toddler is refusing visitation with grandparent do I have to force him ?

Toddler does not know grandparent and has never had relationship with said person . They are forcing it via court . If toddler is screaming , crying , throwing up not to go due to fear , do I still have to send toddler ? To avoid them claiming im keeping toddler away

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jan 12, 2023

After reading this article, we can take a stab at answering this question:

https://www.law.com/newyorklawjournal/2023/01/03/a-dehumanizing-place-new-york-citys-family-courts-are-in-crisis-and-need-more-judges-state-panel-reports/?slreturn=20230012122510

This article indicates that...
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1 Answer | Asked in Family Law and Elder Law for New York on
Q: My mother has dementia, and her symptoms are progressing. I would like to know how to become power of attorney,

I am in new york

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Jan 6, 2023

Your mother must be able to understand what she is signing for her to execute a Power of Attorney. If she is unable to do so, you will need to apply for guardianship with the Court.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If mom had custody of my son and she recently passed away who has custody of the child
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Jan 3, 2023

That depends upon what the order says. If mom had sole legal custody then the person seeking custody, such as yourself or one of her relatives, would need to file in Family Court for a modification based upon this change in circumstances. If necessary, an Order to Show Cause can be filed for... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: We have questions about relinquishing custody of a 14 year old nephew to his adult siblings.

In August of 2020, my husband and I were given primary physical and joint legal custody of our 12 year old nephew. Both parents were deceased and his two adult siblings asked us to take him as they did not feel equipped to raise him. After two and a half years we feel as though it is time for his... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 27, 2022

His siblings must be willing to assume custody of your nephew. If they are not, the Court cannot force them to take custody. If one of them is willing to assume custody he/she should file a custody petition. If you know longer wish to maintain custody of your nephew and neither of the siblings... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I’m considering dating a single mother that’s serious about commitment. What can I do to protect from paternal estoppel?

How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Dec 26, 2022

In my 34 years specializing in family law in NY I have never heard the term parental estoppel. However, if you are referring to a non biological parent being held out as the parent of a child for support purposes. NY has case law in which non biological "parents" have been held... Read more »

1 Answer | Asked in Family Law for New York on
Q: 1. Did NY have laws on the books in 1936 that would require a person be a resident of NY in order to be married in NY?

2. When was the 1936 marriage 3 day "gin law" passed, and would it have been enacted or enforceable?

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 25, 2022

Certainly every state had residency requirements in 1936 as did New York. The law distributing marital property upon divorce was different than it is today, but residency was a factor in being able to marry.

Another factor of circumstance is that without an internet and computer record...
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1 Answer | Asked in Family Law and Landlord - Tenant for New York on
Q: Is my mother allowed to kick me out even if I’m on the lease?

I live in NYC. My mother does not want me living in our apartment anymore, has taken my keys, and prohibits my brother from opening the door for me. I’m on the lease and it still does not need to be renewed for some time. Is she legally allowed to kick me out?

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Dear Bronx Tenant:

No. Your mother cannot "kick you out" even if there are legal grounds to do so. You are illegally locked out. You could seek a court order in Bronx Housing Court. https://www.nycourts.gov/courts/nyc/housing/lockouts.shtml

1 Answer | Asked in Family Law and Child Custody for New York on
Q: What is the process of getting emancipated at 16 and being pregnant as a resident of newyork?

I’ll be having my Son on the 21st of December, my mother is staying in an assisted living place for homeless people. She is a current addict. My father passed away 6 months ago. He only had temporary custody of me when he passed away. Since he’s passed I’ve been passed from sibling to sibling... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 19, 2022

There is no such process as "emancipation" in any state. Perhaps the real question here is whether there is a process to advance a child's age to eighteen years of age by operation of law: a process to make a child into an adult. That does not exist, and the asker remains a child... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: I have a child support case in NY The birth certificate was signed in PR DNA proves the child not mine. How do proceed?

I reside in NY now for many years. Child lives with her mom in another state. The birth certificate was signed in PR many years ago. Recently it has come to light through paternity test that the child is not mine. I want to stop payments and take my last name as father from the birth certificate.... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 25, 2022

I agree with the previous lawyer. Jurisdiction over your matter is restricted to the child's state of residence pursuant to the Uniform Interstate Family Support Act, UIFSA, codified in New York at N.Y. Fam. Ct. Act § 580-101. If you file in another state, your case will likely be dismissed... Read more »

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1 Answer | Asked in Family Law for New York on
Q: Are you legally allowed to record ACS in New York

And if so what is the specific law that allows it

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 15, 2022

There is no law granting the public the right to record ACS as it violates citizens' rights just as there is no law granting people a right to attend a particular church. There is the First Amendment that empowers citizens in both acts, and there is no need to seek permission from government... Read more »

2 Answers | Asked in Family Law and Child Support for New York on
Q: Is one mandated by law to provide the financial documents submitted to the court to the other party in child support?

Section 424-A Compulsory Financial Disclosure of the Family Court Act only requires a party to file all the compulsory documents with the clerk of the court. However, the Support Magistrate Assistant took it upon herself to the send the documents via email to the other party’s attorney. Is that... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Dec 17, 2022

Anything you file with the Court is supposed to be served ion the other side. As such, if you did not do so, then it was quite appropriate for the Court to send the other side a copy of what you submitted. For a full assessment, you should Call a Westchester Family Law attorney to schedule a... Read more »

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1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for New York on
Q: Is there any way around the statue of limitation in a case of a civil lawsuit?

I want to proceed with a lawsuit against the fostercare agency which represented me during my youth for civil rights violations, financial fraud, as well as theft of services,& emotional psychological distress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 11, 2022

A tort statute is typically three years, but that is not the issue. The issue is whether the asker has standing to sue as a plaintiff against a foster care apparatus that included a family court. The answer will be no.

America's government creates problems for which they enact...
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