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 »
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.
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 »
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.
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 »
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.
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 »
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.
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 »
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.
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 ?
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.
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 »
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.
My lawyer said it would be a journey but the courts dismissed it is this the same thing
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.
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
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... Read more »
I am in new york
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.
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 »
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 »
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 »
How common is this occurrence and what length of time, in regards to providing and/or a cohabiting living situation, would make this applicable.
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 »
2. When was the 1936 marriage 3 day "gin law" passed, and would it have been enacted or enforceable?
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... Read more »
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?
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
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 »
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 »
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 »
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 »
And if so what is the specific law that allows it
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 »
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 »
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 »
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.
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... Read more »
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