New York Family Law Questions & Answers

Q: I divorced years ago, 13 years ago, and have been paying child support monthly since then.

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Answered on Apr 1, 2019
Robert B. Pollack's answer
Your child is 18; have you asked your child where he or she would rather attend college, meaning, Jamaica or in the US? Looking back on the history you describe concerning her adversely impacting your relationship with your child, there could have been opportunities to reduce or eliminate child support back then. All of this would have been fact and circumstance dependent but now that there is a child who in NY, where the court would have no jurisdiction over as to custody and parenting time,...

Q: My ex domestic partner owns the house I live in with our 2 kids. This is the only home they know.

1 Answer | Asked in Family Law for New York on
Answered on Mar 23, 2019
Nina Mironenko's answer
Yes, the courts will not kick him out of his separate property. If you have, or get residential custody of your two children, you can get child support from him.

Q: MY NEIGHBOR PUT A BRICK PILLAR FOR A DRIVEWAY GATE ENCROCHED 9 AND A HALF INCHES INTO MY PROPERTY ..HE NEVER PUT A

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose your right to do so. The law does not protect those who sleep on their rights.

Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Mar 10, 2019
Christine Moccia's answer
Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com

Q: I just have a question. Im currently going through a divorce my first court date is next month.

1 Answer | Asked in Divorce and Family Law for New York on
Answered on Feb 25, 2019
Stephanie E. Emanuel's answer
Your situation is not clear. It appears that you are representing yourself in court. Family Law is all about he - say, she - say environment, where the expertise of an attorney will be used to provide bases to such claims. Alimony and Child Support has to have merit in order to be granted under the law. You can benefit from retaining an attorney. Many attorneys including myself, do offer affordable pricing as well as payment plans. An uncontested divorce where both parties agree will cost...

Q: Good evening, My sister G lives in NYC and is being evicted from a coop bldg. She lived for over 20yrs with an old lady

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for New York on
Answered on Feb 13, 2019
Michael David Siegel's answer
S is the legal heir to the coop, but someone has to pay and S would need to be approved by the Board as an owner. Thus, there are issues to deal with but it is possible.

Q: I need to write a new will and have questions re power of attorney can 2 people be joint /dual power of attorney for

1 Answer | Asked in Estate Planning and Family Law for New York on
Answered on Feb 11, 2019
Michael David Siegel's answer
Two people can definitely be joint POA and the form has a box to check if the two must act together, so yes.

Q: I have a court date soon regarding order of protection I filed against mygranddaughter. Can court appoint lawyer for me

1 Answer | Asked in Family Law and Elder Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Courts don't appoint family law attorneys in such cases. Some NY legal aid societies may be able to help you find a cost effective or pro bono lawyer in restraining order matters. You may consider hiring an attorney, and limited scope representation may be a good choice if you're on a budget. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: How do I file for divorce

1 Answer | Asked in Family Law and Divorce for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Is your case in MA or NY? You can consult with the self-help information on your state court website re: how to file for divorce. Alternatively, you may want to hire an attorney via limited scope representation if you are on a budget. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...

Q: How many days before a trial does my ex have to produce his witness and subpoena list

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...

Q: Is a proposal to the NYS family court , signed by both parties and the Child law Guardian legally binding?

1 Answer | Asked in Family Law for New York on
Answered on Jan 7, 2019
Ali Shahrestani, Esq.'s answer
Typically child custody or child support orders must be signed by a judge in order to be valid. Is the Child Law Guardian a Special Master with powers granted by the judge to make child custody decisions? See: https://www.nycourts.gov/courts/nyc/family/faqs_custodyandvisitation.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: My apartment is full of rats and roaches and landlord won't fumigate I have 2 children and it's a basement what can I do

1 Answer | Asked in Family Law and Landlord - Tenant for New York on
Answered on Jan 7, 2019
Elaine Shay's answer
Since you describe living in a basement apartment, it is likely that you are living in one of the many "illegal" basement apartments that are common in the area. Therefore, it may not be safe for you to live in the apartment with your children. Ultimately, you will have to move if the landlord seeks to evict you through Housing Court but it is possible that a lawyer could help you negotiate favorable terms from the landlord that would help you get a fresh start.

Q: Can i help my 18 year old friend who is being held captive by his parents who wont let him communicate with anyone?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
If someone is truly being held captive and against their will, e.g., locked up, one can report the crime to the police. If he is agreeing to their terms in exchange for living in their home, that is a different story. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: Can I move out of state with my children?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
You may want to consider filing for divorce and child custody rights to help protect yourself from any abduction claims from him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

Q: If my father got married had 3 kids got divorced then married my mother then I was born is his ex related to me

2 Answers | Asked in Family Law for New York on
Answered on Dec 11, 2018
Aubrey Claudius Galloway's answer
No, his ex is not related to you. Not biologically aren’t any other way. I don’t know how this is so much family law question; seems rather a genetics question... am I missing something here? If so and confidentiality is an issue please feel free to call me at 1-855-948-0100; I can do free phone consultations and / or if necessary an in-depth office consultation

(w/ appointment so I may prepare options for you ...paid or unpaid) for what amounts to a costs & expenses fee of $50....

Q: Are the police telling the truth?

1 Answer | Asked in Family Law for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
You should not allow your son to speak with authorities without an attorney. It is possible that they intend to issue him a family court appearance, but nonetheless he should not speak with police without an attorney.

Q: If my 4 yr old grandson stated his two uncles made him drink beer is that grounds to be removed from my daughters home

1 Answer | Asked in Gov & Administrative Law, Family Law and Business Law for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
Forcing a child to drink beer can certainly be considered endangering the welfare of a child and can thus be a basis for the petition.

Q: My female friend does not have the financial means for an attorney, what options does she have for probono representatio

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
The court can assign an attorney to an individual who is financially eligible.

Q: I'm filing for sole custody of my now 10 month old. Her father hasn't seen her in 4 months. Should I get a lawyer?

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Nov 27, 2018
Nina Mironenko's answer
I would actually wait another 6 months just to be safe. If in the meantime he asks you for parenting time, you can then not allow it and go into court on the basis that he hasn't had any contact with her and she isn't at all familiar with him.

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