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New York Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for New York on
Q: I am looking for an attorney that can help me fight for my mothers rights.
Tim Akpinar
Tim Akpinar answered on May 5, 2021

Your question remains open for a week and it covers a number of categories. There's no guarantee that all questions are answered here, but if you wanted to narrow your question down a little bit, where you asked a specific legal question about given situation, you might have better chances of... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: I am the custodial parent and my son lives with dad 2 nights one week and three the other.

He thinks he is entitled to claim our son; he works OT every week half on books half off. He claimed him this year and screwed me. He doesn’t even dress him in clothes that fit him. He also doesn’t think dinner visits are acceptable as in order and rather than listen to him complain I gave in... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 22, 2021

Under IRS rules, the custodial parent is the one that claims the child. This may be changed if you sign the appropriate IRS form releasing the exemption or there is a written agreement between the two of you that says he gets to claim the child.

1 Answer | Asked in Family Law for New York on
Q: Can my husband refuse dna when he is not the father?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 20, 2021

The courts want his DNA only to exclude him if there is a paternity petition brought by another man. In NY a child born of the marriage is considered a child of the married parties.

2 Answers | Asked in Family Law for New York on
Q: What if my husband wants to divorce before the baby is born? Would he always be the father?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 8, 2021

In any divorce decree, there is usually a recitation in regard to children or that none are expected. If there is a child expected, that would usually be noted. No matter what, even if this were overlooked, you can always go to Family Court and bring on a paternity proceeding where he could be... Read more »

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1 Answer | Asked in Family Law for New York on
Q: How can I make my husband recognize OUR child, if he is not there at the hospital? He doesnt want recognize his son

Hi i'm married with an american man. i'm pregnant of his baby and i live in Italy.

He doesnt want to have a baby with me, for his problems with his kids from his previous marriage

He wants from me an abortion.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 7, 2021

Your husband does not have to be at the hospital. Under NY law, a child born during the marriage is a child OF the marriage which means he is automatically the father.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for New York on
Q: Is it illegal for my grandma to keep my mom away from me wen I did not do nuffin I have no stay away no nuffin

Yes my grandma is 83 years I’m 28 my mom is 57

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 5, 2021

Since you are over the age of 21 you can see your mom unless there is some sort of court order that prohibits that.

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for New York on
Q: My wife filed a bunch of faults police reports on me with her friend some how I got charged with a felony esdropping

Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My daughter will be turning 21 in March 2022. When should I file to have it stopped. I also live in PA she lives in ny.

Do I have to go to Long Island and file or can it be done through mail?

Howard E. Knispel
Howard E. Knispel answered on Mar 13, 2021

You should likely file a month before her birthday (assuming there is nothing extending support to 22 in your divorce). You can file by downloading the form and e-mailing or regular mail the petition. Or you could hire an attorney who can do everything for you.

1 Answer | Asked in Adoption and Family Law for New York on
Q: Hi, I’m 28, and am going to get adopted. Would I have to make any changes on my child’s birth certificate?

She was born in Puerto Rico

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

If you're birth name is going to be changed on your birth certificate then it should be changed on hers.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My mom has been claiming child support my father has sent her for the past 6 years even though I have been emancipated.

New York State. Did not receive a single dollar even though the money is supposed to be to support myself? Have lived on my own and didn’t go to college. She received 6,000 in arrears from my father is she entitled to keep all of that from me???

Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

Child support is paid to the parent until the child is 21. If the monies your dad is paying is arrears, then it is money that was due while you were living with her. The money is due to her.

1 Answer | Asked in Family Law for New York on
Q: When and how can I claim the 20 year statute of limitations has run its course in NYS?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 8, 2021

The question isn't clear. However, if you are asking when the statute "runs its course" to mean the last date that arrears can be sought, then the answer is 20 years from the last date that support was due. That would be a defense in an action for arrears and would only be used at that time.

1 Answer | Asked in Family Law and Health Care Law for New York on
Q: My girlfriend's 22 year old daughter is under my girlfriend health care insurance.

Her daughter wants to be taken off the health insurance. We don't want her off cause she'll be going to a lesser insurance plan. Do we have to take her off the health insurance plan cause she wants off? We want to keep her on cause it's a better plan.

We live in New York.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

She is an adult and you cannot keep her on your plan if she doesn't want to be on it. You can point out to her the benefit of your plan over hers and the savings she will have in costs if she stays with your plan but in the end it is her decision.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My brother lives in PA, his 23 year old son lives in PR. Can my brother go somewhere to stop on going payments?

My brother has health issues and can't travel and they still are taking child support for his son that is now an adult and is not in school. Is there anything he can do from PA to get those payments stopped?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 3, 2021

He can file in court to terminate support based upon age. This can be done in the state where the support order was entered. In most states he can file remotely at this time.

2 Answers | Asked in Family Law and Child Support for New York on
Q: My ex has filed a modification stating he has not worked in a year and has other surgeries pending, will he pay less?
Jodi Ann Donato
Jodi Ann Donato answered on Mar 12, 2021

He would need to subpoena his doctors in to testify that he can't work. Has he filed for disability? He has to prove to the Court that he cannot work and it is not an easy thing to prove.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Would a judge approve a vacation if 1 of the days falls on a day that the noncustodial parent has?

The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... Read more »

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1 Answer | Asked in Family Law and Civil Litigation for New York on
Q: How does someone born in Puerto Rico but now lives in the states, correct a name change on their birth certificate?

My father was unofficially adopted by my grandparents in Puerto Rico in the 1950s, and when he was born they did not change his original last name to what should of been my adoptive grandfathers last name.

For all the time he has been in the United States (specifically NY for over 40... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 26, 2021

Based upon what you have said, to begin with the case would have to be done in PR as that is where he was born, however, since the "adoption" was unofficial it is unlikely that it can be done. What is probably a better option, is to bring an action for a name change back to the time he... Read more »

1 Answer | Asked in Family Law for New York on
Q: Does POA daughter have final say whether Mom gets vaccinated? Mom lives alone and is of sound mind. Mom has 5 daughters

All daughters do not agree. The oldest thinks she has the final say and other daughters are not allowed to take her to get vaccinated without her approval.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2021

The short answer is no. Mom makes the decision for herself and the other daughters can help mom get vaccinated if she wants to. The POA only gives the daughter the ability to act in mom's place for those things she was designated to do (usually financial matters), it is not a power over the mom.

1 Answer | Asked in Child Support and Family Law for New York on
Q: My ex said A child support case got entered in April of 2020. How is that possible when I don’t live in his state?

I use to live in NY. Moved with my ex into his moms house in Missouri. I got Foodstamp’s to feed my kids. Put my ex on child support in 2015. I moved to Georgia. Had to get Foodstamp’s again. They told my ex an order was entered in April of 2020 and I told them he made $100,000 a year. We were... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2021

If you received any type of public assistance, the agency that paid that support could have brought an action against your ex. To know what is going on you should ask for a copy of any court orders. You should also file for child support or child support collection in the state you currently live... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you get your case set up to pay your 19 year old directly for support?

My husband pays support for a 19 year old who hasn’t attended school since he was 16. He lives with his girlfriend half the time at his Mothers and half the time at his Girlfriends Mothers. He works under the table and pays rent to his Mother and is responsible for his own food. We have... Read more »

Howard E. Knispel
Howard E. Knispel answered on Feb 22, 2021

The only way to terminate the support to the custodial parent is to have the child declared emancipated, which is a high bar. You need to show that he is self supporting. If he is still living with the custodial parent, and is not making enough full time to support himself, he will not be... Read more »

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: If my ex spouse moves to a new state with my children against my wishes, is it parental kidnapping?

I am studying in Halifax NS Canada, and cannot afford a lawyer. She did not notify me through proper channels and with only six days advance warning, and I expressly said I did not consent to have my children move states, school districts, etc. She feels that I do not have a say in the matter. What... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 22, 2021

You can file for an emergency order in Family Court stopping the move until such time as the court has an opportunity to decide the issue. Once in the Family Court you can request the appointment of an attorney if you meet the income guidelines. You should know however, that because you do not... Read more »

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