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New York Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New York on
Q: Where do I file for modification on custody order?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 31, 2020

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 »

1 Answer | Asked in Family Law for New York on
Q: I sign an agreement to leave the apartment that one time I bought with my now ex wife in 2020 and transfer the deed to

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 »

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

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.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for New York on
Q: What steps should I take when it comes to the safety of me and my children from my husband who has made home unbearable?

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 »

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

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 »

2 Answers | Asked in Family Law and Child Support for New York on
Q: What happens if my lawyer doesn't show up to a family court violation hearing?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 22, 2020

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.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: My daughter is in an abusive relationship. She has an 10 yr old daughter that's not the boyfriend's but has a

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 »

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

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 »

1 Answer | Asked in Family Law and Child Support for New York on
Q: How can I find out my ex spouse's income to file a modification of Child support in NYS?

I assume my ex is making more and I want to file a modification how can I find out how much she makes legally?

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

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.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: Hello I'm married currently and I'm uncertain if its leading in a near soon divorce.Iam also pregnant and my husband

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

Howard E. Knispel
Howard E. Knispel answered on Mar 17, 2020

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 »

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1 Answer | Asked in Family Law and Child Support for New York on
Q: If my original order was put in effect prior to 10/13/2010 is 15% change in income basis to modify Child Support.

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 16, 2020

Since the order was modified, any further modifications are measured from the last modification.

2 Answers | Asked in Divorce, Family Law, Collections and Domestic Violence for New York on
Q: if the supreme court has 60 days to answer all papers that were returned on 01/08/2020.what can I do to get a decision.

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 »

John Anthony Pappalardo
John Anthony Pappalardo answered on Mar 13, 2020

Write to the Administrative Law Judge

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for New York on
Q: Hi - I live in NYC, my husband hasn't been living in our apartment since Sept 2019 and we have 10 year year old son.

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 11, 2020

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 »

2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: I am currently 8 months pregnant and I'm 20 my baby father is 16 but he lied about his age can I get in trouble
Howard E. Knispel
Howard E. Knispel answered on Mar 11, 2020

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 »

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4 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: How to file a motion of contempt on ex for not following divorce decree regarding property? Divorce or property lawyer?

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.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 10, 2020

You need a divorce lawyer

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3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for New York on
Q: How does a lawyer ensure an abusive mother doesn’t obtain custody

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

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 5, 2020

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 »

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1 Answer | Asked in Family Law for New York on
Q: In NY, if a 17 year old is kicked out of her home, or runs away, will my family be charged for letting her stay with us.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 4, 2020

No but you should let the parents know where she is if she is a runaway.

1 Answer | Asked in Family Law for New York on
Q: In a custody and visitation hearing can I request for parental rights to be revoked or visitation denied if I have proof

Proofs such as suicidal attempts, alcohol and substance abuse, selling of illegal substances, arrest records, domestic violence.

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

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.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: If the name is not correct on a stay away order in the state of new york is it still valid
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2020

It is but I would contact the court that issued the order and have the name corrected ASAP.

2 Answers | Asked in Estate Planning and Family Law for New York on
Q: My father was married to my mother at the time of his death. They were not living together. Should she fill out married

Or married but separated on the death certificate worksheet ?

Michael David Siegel
Michael David Siegel answered on Feb 27, 2020

Just married. Separated means a separation agreement.

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1 Answer | Asked in Family Law for New York on
Q: my mother has custody if a special needs for 14 years and is turning 18. the mother wants custody after her birthday. t

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 26, 2020

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.

1 Answer | Asked in Family Law and Landlord - Tenant for New York on
Q: My children's father hasn't worked in three years and I would like him to leave our rented home. What are my options?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 26, 2020

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 »

1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for New York on
Q: I have a Divorce Action pending. Who is the best Civil Rights Atty. in Albany, NY, that protects "Freedom of Religion"?

Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.

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

Contact your local bar association for attorney specialties and recommendations.

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