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New York Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

2 Answers | Asked in Real Estate Law, Divorce and Family Law for New York on
Q: Can I sell my half of a house co-owned with my ex-wire? We are both on the mortgage.

Ex-wife makes payments out of alimony as per divorce agreement. She needs to buy me out or sell the house in about3 years. When the house is sold we split the profits. Can I sell my half to someone else? We are both on the mortgage.

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

If you and your ex own the house as husband and wife then no. You would need to start a partition action. You could make an agreement with a third party for them to receive the proceeds, but your name is still on the deed and would need to sign the transfer documents. In a partition action you... Read more »

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2 Answers | Asked in DUI / DWI and Family Law for New York on
Q: My granddaughter’s father was issued a restricted drivers license for a DUI & he is telling me that he can drive w baby

He is having a breathalyzer installed for work & back but said he can drive my 10 week old granddaughter in his car. The baby lives at my home & not with him. I have a working vehicle to take the baby where she needs to go.

Howard E. Knispel
Howard E. Knispel answered on Jul 23, 2021

If his restrictions are to work and back, that is it. He can not drive anywhere else without violating the law.

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1 Answer | Asked in Family Law for New York on
Q: Is an agreement made during mediation binding if both parties agree to the terms?

After an initial court date for visitation order, we were asked if we wanted to go to mediation. During the mediation we both agreed to the visitation schedule. The mediator drafted the document with the partial agreement between both parties before sending it to the court. Three days after, one... Read more »

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

Unless the agreement was placed on the record in front of a judge and both parties agreed to it on the record then the agreement is not binding.

1 Answer | Asked in Family Law for New York on
Q: If a father has two children with two different birth mothers but only see one kid, is that abandonment?

My ex and I just split and he is trying to get a lot of stuff but he hasn't seen his other daughter in a year and 3 months but is taking me to court to see our daughter but doesn't care to see the other one

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

"Abandonment" is a legal term that only applies to neglect cases. The fact that the father does't see his other child has no bearing on his right to see the child he has with you.

1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

1 Answer | Asked in Family Law and Child Support for New York on
Q: I was told I voluntarily left a higher paying job, for a lower paying one to avoid higher support.

I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

1 Answer | Asked in Family Law and Child Support for New York on
Q: Is leaving a higher paying (overworked, understaffed) job for a lower paying one considered voluntary leave?

This job included 12-hr overnight swing shifts. I gave my all, worked there for 2 years, waited months for a promised promotion. All I’m trying to figure out, is “how do I prove to the is judge im not scamming the system or my child??” I went back to my Highest paid skill set (sous chef,... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 17, 2021

You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 16, 2021

You need to talk to your attorney. These cases are complicated. This kind of question is specific to your case and only an attorney familiar with your situation can answer.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »

David Ivan Bliven
David Ivan Bliven answered on Jul 17, 2021

It seems unlikely he'll receive anything other than supervised visitation - for now - based on the facts provided. One can't predict how the mental health evaluation will pan out, but if if makes a finding that the Father has a mental illness affecting his parenting capacity, it... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: My son keeps vomiting and diarrhea after his court order visits with his dad. I think he’s giving him contaminated food

His father says he feeding him what he gives the other kids in the house. Then the father also says it didn’t happen with him. The vomiting and diarrhea has happened multiple times after the visits. What do I do?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 15, 2021

It sounds as if your child is nervous or anxious about something. After taking his to the doctor to be sure, you should get him into therapy to help your child with their nervousness.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I was wondering what the next step would be when my sons mother denies vacation time for my son and I?

My ex and I have a joint custody agreement in NY state. We are both given two non consecutive weeks vacation time we just have to inform the other 45 days prior. I let her know I wanted to take him to Disney World more than 45 days notice. I have a recording of her saying okay. She recently told me... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 6, 2021

The only thing you can do is bring on an Order to Show Cause in Family Court to see who has priority in deciding the time. If there is no priority, you have have a better claim if you gave your dates first. What you should do is take yoor Judgment and any divorce agreement to an attorney and go... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is it neglectful of a court referee to not allow document from doctor stating child has been diagnosed with Autism?

Currently in custody trial

Howard E. Knispel
Howard E. Knispel answered on Jul 2, 2021

What document? You need to have certified subpoenaed documents for them to be admissible. Yoir lawyer should be able to explain that.

1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: Can only see my son in therapy but but he refuses it. I’m going 6-12months without seeing him, I shoudnt pay support?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 29, 2021

It is most unfortunate what is going on. In regard to child support, you can bring on a petition to terminate or suspend support however the reason that your son refuses to see you must be one that is not your fault. If you did something that caused his behavior your child support will not be... Read more »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for New York on
Q: I dont know anyone who can sign a durable power of attorney form. We dont have living friend that could do it. What now
Benjamin Z. Katz
Benjamin Z. Katz answered on Jun 17, 2021

If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a... Read more »

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New York on
Q: In family court if perjury has easily been proven, can the defendant request it to be taken to criminal court?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2021

It can be referred to the DA by the Family court judge but is almost never done.

1 Answer | Asked in Family Law and Child Support for New York on
Q: My ex wants downward modification on child support- feels too much is being taken from his unemployment benefit.

My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is it possible for an incarcerated father to get court ordered visitation? No paternity has been established

It’s not safe to bring my 1 year old to a jail with the virus going on. He’s threatening to take me to court if I don’t bring my child there.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 1, 2021

It is possible to get visitation in a prison. However, your first problem is to establish paternity. Without paternity being established the courts will not order any type of visitation or contact.

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2 Answers | Asked in Family Law, Child Custody and Education Law for New York on
Q: I live in NYS and have just bought a house w my bf in a great school district, in a safe neighborhood. His ex wife lives

25 min from us, and demands that he goes to school where she lives. She lives in a high crime area and very low standard school district. We split 50/50 custody. We would like to have their son go to school where we live, where a parent is home 24/7, so no daycare is needed before or after school.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 27, 2021

It is difficult to answer the question without seeing any agreements the parties signed as part of their divorce and the judgment of divorce. However all things being equal, if the matter was brought before a court, there is a good chance that the court would allow the child to go to school in... Read more »

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