Lawyers, Answer Questions  & Get Points Log In
New York Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for New York on
Q: With evidence of alcohol abuse, mental problems, drug conviction, domestic violence, can visitation be denied?

I have a 5 year order of protection, he also physical abuse me while the baby was present, he has not paid child support and he hasn't had any contact with the baby since she was 6 months of age. I think at this point that relationship will affect her development.

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

Visitation is a right of the parent AND the child. Unless the child has been abused or is in danger, visitation cannot be denied. However, it can be supervised, meaning the parent with the problems will not be left alone with the child at any time.

1 Answer | Asked in Family Law for New York on
Q: When filling out form 17A for guardianship of an adult disabled person, what qualifies as a sibling?

If a full sibling (both parents) is filing for guardianship of an adult disabled, do they need to list half-siblings they have never met or have no contact with on the part of the form that requests name and addresses of siblings?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2020

This should be directed to surrogate's court practitioners

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can the custodial parent file a new child support order in NY if the original order was issued in PA and has ended?

My PA support order originally covered both of my daughters but my eldest turned 18 in 2018, at which time she was no longer covered under PA law. Both myself and my ex, along with my youngest daughter all now reside in NY. The order was never transferred from PA to NY, but was modified in 2018... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2020

Since you now all reside in NY, NY is the home state for all purposes and your ex can file for child support in NY to run until 21.

1 Answer | Asked in Family Law and Immigration Law for New York on
Q: My green card has my husband's last name. Is that my legal name or my maiden name in my marriage and birth certificates?

Hello,

I am a green card holder and the wife of a US citizen. The name on my green card and my SS card is my husband's last name. He used his last name for me when he applied for my green card, because he thought that women here in US take their spouses last name. However we did not do any... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2020

This is an immigration law question not family law

1 Answer | Asked in Family Law and Child Support for New York on
Q: Would my daughter's mothers new husbands wages play a part in our child support case?

She just found out that I'm getting a raise soon and told me she wanted more cs. Meanwhile her new husband makes twice as much as I do.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 23, 2020

Short answer is no.

1 Answer | Asked in Family Law for New York on
Q: what can i do legally to get rid of spouse stuff?

my husband was arrested for drugs in july 2019, he got out a few days ago. what can I do legally to get rid of stuff he left here?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 19, 2020

I suggest you let him know that you want the things out or drop it with his family. Just be aware that since you are still married he has a right to come back to the house.

2 Answers | Asked in Family Law for New York on
Q: Can a mother deny a paternity test to a guy who is not on the birth certificate
Howard E. Knispel
Howard E. Knispel answered on Feb 19, 2020

If the father starts a paternity case in Family Court, the court will likely order it regardless of who is on the birth certificate. However if the child is an older child and another person has held themselves out as father, the court can hold the other person responsible for the child. If... Read more »

View More Answers

1 Answer | Asked in Child Support and Family Law for New York on
Q: I live in NY, had 2 jobs, lost of one of the jobs, any need to inform child support so I'm not in arrears?
Howard E. Knispel
Howard E. Knispel answered on Feb 13, 2020

Your court order of support continues until you get a new court order. You need to get a petition to modify your child support from the Family Court. Informing child support enforcemenmt is not sufficient. Talk to a lawyer.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Legally separated and one spouse passes away who is next of kin?

When legally separated and spouse passes away in Detroit (he doesn’t live in Detroit) and living spouse lives in New York. Could she claim deceased spouse’s body? Is she still next of kin?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 12, 2020

Technically, they are still married so she is next of kin although siblings can also claim the body.

1 Answer | Asked in Family Law for New York on
Q: My fiancé has passed last week she left behind two minor children who I would like to take guardianship over

She is legally married but been separated for over 15 years he has abandoned her and the kids for the oldest minor the second minor father is unknown

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 12, 2020

You can try to bring on a petition for guardianship but it may be tough as you are not related to the children.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If I live in NY and my daughter lives with her dad in PR, how can I go about getting visitation and custody?

She’s lives with him for almost 10yrs, she’s turning 12. She lived originally with me here in NY when she was a baby but due to certain circumstances it led to me speaking help in PR from my mother and due to a hurricane my daughters dad asked to keep our daughter so that she wasn’t staying... Read more »

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

Since the child lives in PR for the last 10 years, you would have to file for custody and visitation in PR. You may be able to appear by phone if the court allows it after filing the papers. You should speak with a Family Law attorney in PR.

1 Answer | Asked in Family Law for New York on
Q: Any lawyers in herkimer that help make out a will
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 5, 2020

Check with the local bar association for a list of attorney's that do trust & estates work.

1 Answer | Asked in Family Law for New York on
Q: what can i do this the 2nd time CPS comes for the same thing when the 1st case got dismissed because noting was wrong

i had a CPS case that was just closed on December they didn't find anything wrong with the kids it was false claims. CPS came back to my house yesterday 2/3/2020 for the same thing again. they don't tell you who calls but we know who did my girlfriend even has a order of protection against this... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 4, 2020

Unfortunately there is nothing that can be done at this time. Each time CPS gets a report they have to investigate. However, if this happens many times (not just a few) you can make a police report. If they investigate and it turns out that the same person keeps making false reports the police... Read more »

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: roommate stole my dog, then filed restraining order so that I can’t get my dog back? I have proof of all docs/ownership

I have certificate of ownership receipts of purchase emotional support animal Letter, vet bills only my name on it. My sick roommate asked me to date her I been refusing, I was sexually and physically assaulted so I left for a week out of state when I came back she stole my dog. And demanded I... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

If she is out of state and you are out of state, the only way go get the dog back is to go to court in the state she now lives in.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do you... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jan 31, 2020

You can not file for an "uncontested divorce" by yourself. An uncontgested divorce means both parties agree on all issues. If you filed for divorce and your husband opposed it, the court gets involved. You will need to provide all financial information (as will your husband). You will need to go to... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: I filed an uncontested divorce. My name showed up on a registry so now the divorce is contested bc of judge intervention

Now that the divorce became contested, I need to show up in court & they are requiring me to bring financial information such as bank statements, tax returns, paystubs. I have bank accounts that my husband does not know about. We have a mutual child. I have more money than my husband does. Do you... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

Disclosure of all assets is mandatory in all divorce actions. There is no way around this. If some of the money was yours before marriage that may be separate property that your husband can't get but is still has to be disclosed. You should retain an attorney to help you.

View More Answers

1 Answer | Asked in Family Law and Child Support for New York on
Q: Can a Class Act sue be done againt Asume de Puerto Rico? Or something in general to bring to light what going on

I have notice many father in the USA are suffering due to Asume lack of professionalism. Many have try resolving this issues of child support payments/arrears etc., with no success and have suffered for it, losing homes, jobs, etc...because they cant keep up with payments and payment that excess... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 28, 2020

This is for the Puerto Rico section not NY. You can also try civil rights attorneys

1 Answer | Asked in Family Law for New York on
Q: Do I have to give my sons father money from my taxes after claiming our son?

Unmarried couple with child. Child lives with me and father gives child support.

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

No

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.