New York Family Law Questions & Answers
Q: Child Custody Laws Between New York and California
If a child's mother passes away in California and the biological father lives in New York, would the child be sent to New York?
You should first speak with a California attorney
Q: Can an Indiana family court judge order hair and nail drug testing without proof?
The judge does not have jurisdiction to modify, just power to enforce.
This is not a NY question you need to post this as an Indiana state question.
Q: I am having problem with my baby mom, she doesn't want to put my name on birth certificate of my son and I cant see him.
She doesn't answer me anymore, when we broke up I still help her with the rent and another bills and now I suspended because she doesn't want to give my rights, what should I do ?
File a petition in family court to establish paternity and parenting time. She will then file for child support (17% of your gross less FICA taxes).
Q: The bio-mom is dead and bio-dad didn't know about the kid until recently. How can the dad get custody of the kid?
The bio-mom has passed away, and she never told the bio-dad about the child. The bio-dad knows the kid through another source, but he doesn’t have any guardian or parental rights over them.
What would happen to the kid after the mom’s dead? How would the father establish his paternity... Read more »
He needs to file a Petition
Q: How do I defend myself against my wife who wants an order of protection over false claims?
My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... Read more »
Unfortunately, there is nothing you can do except have a trial and allow the judge to decide who is more credible about the allegations.
Q: Do I legally have to change my last name?
Can i still use my married last name even though it is ordered and adjudged that I am authorized to resume use of my prior surname
Yes, you may continue to use your married name. You can change your name to your maiden name, or any other prior surname at any time.
Q: What do I have to do just fire them
If you have a paid lawyer, you can discharge them. An alternate way is to retain another attorney who will have you sign a form called "Consent to Change Attorney" which the new attorney will also sign and forward to the old attorney who will then sign the document. That is then filed with the... Read more »
Q: Do u have to go to the judge to fire the payed lawyer or can I just show up at court with a new lawyer
You need to have a consent to change attorney form signed
Q: Do I have to do the same thing if it's a payed lawyer?
What is the whole question regarding a lawyer?
Q: If I’m 17 years old and I graduated high school. Can I move out without parent permission?
I live in Saratoga county, New York. The sheriff told me they passed a new law saying 17 year olds could move out without parent permission and without a problem. Help please!
I cannot give you an answer about law in Saratoga. however, if you move out of your parent's house without just cause, you can be giving up your right to have your parents support you until you are 21 (this includes paying for college).
Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years
I feel as though she isn't really helping me
You need to request a new one from the Judge
Q: If I have a court appointed lawyer how can I get a new one? I've had the same one over five years
I feel as though she isn't really helping me
You can request that the court appoint a new attorney for you but you need to have a good reason. That you feel that your current lawyer isn't really helping you probably won't be good enough for the judge. You might be better off sitting down with your lawyer and discussing your feelings and... Read more »
Q: Petitioning Family Court Alimony Child Support, new job 40% less pay. I am in New York State
Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »
The court uses past income as a measure of what it is you are capable of earning. To get a downward modification, you need more than just a reduction in income, you have to show that the reduction wasn't your fault and that you have tried to get a position with the same or more income.
Q: Petitioning Family Court for child support and alimony while your job was being eliminated. Court wants tax return prev
Not understanding why a previous year tax return is required, obviously W2s of your new employer but how does or will your tax return affect your petition for lowering child support in New York. And why would I be required to submit previous W-2s that don't reflect my new job of current pay... Read more »
I cannot provide advice relating to Illinois law
Q: Why is the court system doing this?
I live in NY and I didn’t show up to court 3 weeks ago because the custody matter that I petitioned Against my daughters father didn’t matter anymore. The law guardian never liked me for no reason. The judge gave temporary custody to her fathers aunt (not blood related). And put and order of... Read more »
Based upon what you said, there was a court date and you didn't appear. You may have thought that the petition you filed didn't matter but you didn't withdraw it which meant the case was still on the court's calendar. On top of that, there may have been other proceedings going on. Once you... Read more »
Q: Can cps call and harass me after they have already found the case unfounded and closed my case? I feel its personal now
My girlfriends ex boyfriend has been been harassing me for years. He recently started making false reports to CPS. We just had a ninety day open investigation and they found the case to be false and unfounded. Now they have started calling my girlfriend again and requesting to come over and get a... Read more »
Within reason it is always advisable to cooperate with CPS
Q: My child turns 18 in Sept. I was the non custodial parent. She lived with dad in CA and I paid child support to him.
Now she wants to live with me and will attend college in NYC. Can I file an order with the NY court and have him pay child support under NY law ? I have a support order with CA that ends when she turns 18. Does the NY court has jurisdiction to order the father to pay for her college ?
The answer is yes you can. In addition, if there is nothing in your CA order or your stipulation of settlement regarding college, you can also ask for a portion of the college costs.
Q: My husband has been hiding income, rationing me for years, and has cut me off financially several times.
He also gaslights me, takes/hides my belongings, tracks my cell phone history (account is under his father’s. I have no access), has told me several times (during/post cancer) he wishes I would die, and is constantly creating financial hardship by spending large amounts of money on various... Read more »
Based upon what you have said, you would have grounds on the basis of fault. However, there is no need to go that route anymore. New York enacted "No Fault" divorce several years ago. All that is necessary to be alleged is that there is an irretrievable breakdown of the marriage for 6 months or... Read more »
Q: Do I need to pay child support in New York even though my son's been working full-time for the past 10 months
I've been paying the child support all his life and for my daughter who is going to be 23 who is emancipated but my child support has never changed never took me back from modification even though I'm making more money now. Will I be opening a can of worms if I try to stop paying child support for... Read more »
If the child is earning enough to be self supporting then he would be considered emancipated. To have child support stopped, you have to file a petition in Family Court to declare your son emancipated based on his working full time. Your daughter who is over the age of 21 is also considered... Read more »
Q: What are my options?
My sons father has not paid his court ordered child support payments in two months, what are my options? In addition, he has moved upstate NY and didn't provide me with an updated address. Per our visitation order, he was suppose to notify me. What are my options?
You can file a violation of support petition. As part of that application request that he pay via income execution through the support collection unit. you can also refuse to allow visitation until he gives you his new address and you can file a violation petition in regard to the visitation... Read more »
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