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New York Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 28, 2022

By definition, non-consecutive means the weeks do not run together.

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1 Answer | Asked in Public Benefits and Family Law for New York on
Q: what are my options if custodial mother on public assistance doesn't wanna work
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 26, 2022

Poverty is no consideration when custody of a child is involved, and the young father must support his child under threat of jail. The mother is free to work or not work. However, if the mother goes on welfare – or what we know today as welfare after the Clinton administration – the department... Read more »

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: Is it illegal for my 5 year old son to be naked outside in New York State
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 16, 2022

There are three penal statutes that proscribe exposure of “intimate” parts of a person:

Exposure of a Person (Penal Law Section 245.01),

Public Lewdness (Penal Law Section 245.00), AND

Public Lewdness in the First Degree (Penal Law Section 245.03).

Exposure of a...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: can a guy that's dating a girl who pregnant and not the father sign the birth paper as if he was.
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 13, 2022

Yes. However, by doing so, he will be responsible for child support for the child until the age of 21.

1 Answer | Asked in Family Law, Child Support and Child Custody for New York on
Q: My ex wife has moved to a different state, before moving we agreed on a new visitation an was so ordered by the court.

Child support was also in the document we brought to court (we agreed to terminate support) which was notarized and signed by both parties. The court could only grant the visitation and was told we would need to petition the court for the child support case since it is a different department.... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 7, 2022

The asker should retain counsel. In the family court world, each subject area carries its own petition: visitation/custody, support, abuse, neglect, guardianship and so on. When the parties conflate custody and support in one agreement, they severely limit their ability to submit and give respect... Read more »

1 Answer | Asked in Divorce and Family Law for New York on
Q: Does a NYC Court acknowledges a marriage via a religious contract?

I got married via a religious contract 2 years ago. Due to covid, we never got married via a civil court process. 6 months after the wedding, I left my husband anf decided to move on because he was very abusive (physically and verbally) and was cheating on me. He's now threatening me that if I... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 5, 2022

Religious marriages do not count as marriages unless the presiding minister/pastor/rabbi/imam is licensed by the state to marry people. Thus, if a rabbi/imam has the state licensure (as a judge or a clerk) to file marriage documents with the state, there is a valid civil marriage. Only civil... Read more »

1 Answer | Asked in Family Law for New York on
Q: I let my son read a petition filed against me in family court was I wrong in doing so?
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 30, 2022

The general idea is that no parent may share any court document with a minor. Courts consider this bad parenting and there can be sanctions awaiting the parent. However, such an act is but one factor for a court to consider when deciding an initial award of custody. Many courts don't know the... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court since 2007 my ex is 35,000.00 in arears I recently filed court papers

He refuses to pay the minimum which is 50$ a month I can not afford a private attorney and I make too much for. A public defense please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: I've been fighting in family court with my ex since 2007 he is 35,000.00 in arears and he will not get a job on the book

Because then he will have to pay please help me

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 25, 2022

First and foremost, going into any court anywhere without an attorney is a fool’s errand. The American court system is highly constrained as we are a free people. However, a child support court is a court of policy – the support of kids as a response to the welfare problem. This narrow... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there any possible way to get away from my mentally and physically abusive mother? she cant support us three kids.

My mother is constantly yelling at us kids. She can not support the three kids she has. My father can support me and those living with him. My mother won't even let me bring him up in a conversation without her getting angry. Please help me. He is trying everything to get me but there's... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 22, 2022

Your father will need to file a petition with the Family Court in the county in which you live. Your father could contact the court to have them send him the petition or get a copy online at the NY courts website. The Court will give more weight to your desire to live with your father if you are a... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for New York on
Q: Is it illegal for someone to use their job to find out your personal and sensitive information about an individual ?

This person works for social services and printed out my application for assistance (with all personal info on it including ss#) and gave it to her sister to use in court ordered mediation for divorce. The employees name (the suspect) was on the top of the page as logged in user at the agency. And... Read more »

Racquel A. Cousins
PREMIUM
Racquel A. Cousins
answered on May 19, 2022

Yes, you should definitely speak with an attorney. Your situation sounds complicated and you would need to give all the facts to an attorney, who can represent you. It sounds like there is way more going on here than you can type in the "Ask a Lawyer" section. However, to answer your... Read more »

3 Answers | Asked in Family Law for New York on
Q: Good morning I had a fire and I let my daughter stay with her father to go to school now he doesn't want to give her bac

I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 9, 2022

You didn't make it clear if there is a custody order. If there is such an order, the order controls until it is changed by the court. If you have custody and you voluntarily allowed your daughter to live with the father for a period of time and then picked up your daughter, you cannot be... Read more »

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1 Answer | Asked in Family Law for New York on
Q: After 3 years our family court lawyer has been changed and we are worried about the outcome and our representation

We are unsure of what to do our previous lawyer already had a plan for dealing with the person who keep petioning us now he is supposedly unavailable and trying to explain 3 years of family court petitions in which every one that was filed was dismissed and absolutely immature ridiculous false... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on May 4, 2022

The new attorney will get the full file from the old attorney and the attorneys can discuss the case and the plan the original attorney had so there should be no problem

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: hi, my name is ivan, can the court decision from country Georgia be effective in New York on child visitation?

I am not married to my son's mother and I am not listed as a father on my son's childbirth certificate.

I filed in family court in NYC but she took the child overseas to Georgia Tbilisi.

because the pandemic wasn't going anywhere.

I came to Georgia Tbilisi... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 3, 2022

The asker should file in New York. An eastern European proceeding will be challenged by the mother as having been created of fraud. That gives an American court an easy out not to enforce the foreign order and all the proceedings that led up to an order to include a paternity test.

The...
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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: 6 days no communication. Then had to ask two days in a row, 2 days before court if it was adjourned. It was not.

This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on May 2, 2022

I assume you are referring to an 18-B lawyer, a private attorney who is assigned by the court to represent you as an indigent person. These lawyers get paid by the county and very little, on these assigned cases and will naturally spend more time on privately retained cases where they make 4 to 5... Read more »

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I have a question that I’m hoping somebody can answer.

My fiancé wants to sign my sons birth certificate and we’re turning in the acknowledgment papers with his name on it his biological father my son‘s biological father has made it to where he said he wants no parental rights to my son he said when he tried to kill me that it felt good for my son... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 1, 2022

The answer the asker wants to hear is that her fiance can sign the newborn's birth certificate, and such an answer is certainly possible. The government has no idea whose DNA is in the newborn, and the only record of who the father is can be found in the birth certificate which is always... Read more »

1 Answer | Asked in Family Law and Child Support for New York on
Q: My grandson has lived with me for 2 years...child support has been garnished from my son's paycheck going to the mother

Can I take her to court to get the support since I cared for him..

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

Yes, you can. You are entitled to receive support from both parents.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Will getting a lawyer help move my cps case along

I've had a cps case for the last 7 months, I've lost placement of my child for this time period. It seems that cps is doing nothing to move things along

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

You should be represented by an attorney in the matter. If you cannot afford one, you can apply to have an attorney to represent you.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Do I need to "RJI" on this case or it is already taken care of? How can I know if RJI was already filed?

RJI -RE: UNCONTESTED MATRIMONIAL ACTION | Filed: 11/16/2021 | Received: 11/16/2021 | Status: *** Pending ***

My Uncontested matrimonial case is still pending. I did some research & found out about "request for judicial intervention. The case was filed by my Ex lawyer and... Read more »

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 25, 2022

If an uncontested is fully filed then an RJI would likely already be filed. A Judgment can not be signed unless an RJI is filed.

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3 Answers | Asked in Contracts, Estate Planning and Family Law for New York on
Q: I’m listed as a beneficiary on a will. The executor hasn’t made any action is over a year. What can I do?

My grandmother has a will which lists my father and two aunts as beneficiaries. The will states that if one of those parties predeceases her, their share will be given to their children. In 2017, my father passed away. In Februaryof 2021, my grandmother (dads mom) passed away. My aunts have not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 23, 2022

Your father’s children are entitled to 1/3 of your grandmother’s estate. The will should have appointed an executor(s) to handle the distribution of the property. You should speak to a lawyer.

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