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New York Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for New York on
Q: Is there a time limit for NY magistrates to make a decision on motions ? (Motion to Vacate Default Child support Order)

At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.

Peter Christopher Lomtevas
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answered on Jun 3, 2023

Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted."... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for New York on
Q: Can my girlfriends ex husband prevent me from being around her kids during her time with the kids. ?

My girlfriend and her ex husband, have 50/50 custody of their children. We were living together for a few years. We broke up a year ago, but have been trying on and off to work it out, and now we are fully ready to move forward. we broke due to me sometimes yelling at my gf, almost never in front... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on May 24, 2023

Who has residential custody? There should be no restriction on who sees the children absent an order to the contrary as long as it is with the parent present. If there is a schedule of visitation and he denies it, you can file a violation petition. Your ex would have to demonstrate why you are... Read more »

2 Answers | Asked in Estate Planning, Family Law, International Law and Probate for New York on
Q: Is a Heir Search required in NYC if we as the stepchildren are named in the will of our stepfather who came from Poland?

My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... Read more »

Michael David Siegel
Michael David Siegel
answered on May 12, 2023

Even if there is a will, the next of kin must be cited, as the next of kin is a necessary party. Here, you do not know the next of kin, as it will likely be a cousin. Thus, the court is right. However, you can do your own search. Call the Polish consulate in NYC, and see if there are records... Read more »

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2 Answers | Asked in Estate Planning, Family Law, International Law and Probate for New York on
Q: Is a Heir Search required in NYC if we as the stepchildren are named in the will of our stepfather who came from Poland?

My stepfather came from Poland at ten years old with only one brother and parents (all deceased). He was with my mom for forty years and never mentioned Polish relatives as he was here since a child. He named me and my siblings in his will specifically. I am named executor of his estate in NYC. The... Read more »

Bonnie Lawston
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Bonnie Lawston
answered on May 12, 2023

If the decedent has no children or spouse the Court requires an affidavit of Heirship. Sometimes the attorney draftsman will take information directly from the testator now the decedent and he can provide a supporting affidavit. Your attorney should submit an affidavit of Heirship if someone can... Read more »

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1 Answer | Asked in Family Law for New York on
Q: Do i need the other parent to get my child a passport?

I have sole physical & legal custody of my child.

Peter J. Weinman
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answered on May 5, 2023

Generally speaking, both parents would be needed, but if you have sole legal custody, you should be able to apply for the passport without the other parent. Along with your child's passport application (Form DS-11) and all the other required documents, you will also need to provide... Read more »

1 Answer | Asked in Family Law for New York on
Q: Upon getting married in NY can we choose to get a new last name entirely sperate from both our current last names
Peter J. Weinman
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answered on Apr 24, 2023

No, you cannot accomplish this (an entirely new name) via marriage, and that would require a separate petition for name change. Here's what I found you CAN do with your names at the County Clerk's website:... Read more »

3 Answers | Asked in Family Law and Probate for New York on
Q: 97 yo aunt - no kids, sibblings, no will. 19 nieces/nephews -16 had no relationship with her. Can they be excluded?

There are 19 nieces/nephews - 16 of then live oversears and/or had no role/interest in caring for our aunt or her health. Many of then are well off financially and dont need this money. Only 3 of us took care of her for 25 years. Can the 3 of us prevent them from benefiting from the Estate of... Read more »

Gary Krim
Gary Krim
answered on Apr 24, 2023

If your aunt has no Will and wants to make one, it is up to her to decide how where her estate should go, free of any undue influence which might jeopardize the validity of the Will. This assumes she is competent to make a Will. If she is not competent to make Will, or has already passed, then all... Read more »

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I apply for my child passport if I have sole legal custody? And Do I need the father to fill out DS-3053?
Daniel B. Zarnowski
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answered on Apr 11, 2023

The State Department is going to require some additional documentation to establish that you have the right to sign the form without the other parent, if you cannot get the other parent to write an affidavit (signed and notarized), you will have to provide the court order and other documents... Read more »

2 Answers | Asked in Elder Law, Real Estate Law and Family Law for New York on
Q: How do you go about pursuing elder abuse without the elders agreeing?

My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... Read more »

Carl Nelson
Carl Nelson
answered on Apr 3, 2023

It is unclear from the scenario you presented whether your parents are of sound mind. If so, you will not have standing to pursue actions that they are not interested in taking. You cannot force another person to litigate something in their interest that they do not want to. And you cannot force... Read more »

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1 Answer | Asked in Child Support and Family Law for New York on
Q: Under what circumstances in New York can one file for a modification of child support?

Original Child Support Order was put into place 6 years ago. The Child Support has never been modified. In 2021 there was a MOD in the way the CHILD CARE (completely separate from Child support) was to be paid. Went from a personal check to Zelle. The amount wasn't even changed. Fast forward... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Mar 23, 2023

The law is 3 years OR 15%, not both. If there is a 15% increase in the non custodial parent's income, then you are entitled to an increase. Also, it depends on the wording of the last order. If the Magistrate recalculated the child support , then that is the starting date. But if the... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NYS, would a judge allow my request to have my children dropped off by school bus for my parenting time on fridays?

My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given... Read more »

Peter Christopher Lomtevas
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answered on Mar 21, 2023

A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the... Read more »

1 Answer | Asked in Constitutional Law, Legal Malpractice and Family Law for New York on
Q: Which Law Codes specify about Roster List of Gaurdian Ad Litems be shown to public or not?

If it is kept secret from the public, is it so all over New York? Thank you.

James L. Arrasmith
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answered on Mar 19, 2023

Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.

To find information specific to your location and circumstances, I suggest consulting a...
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1 Answer | Asked in Child Custody, Family Law and International Law for New York on
Q: Can I relocate internationally with my child if I have sole physical custody but joint legal custody?
James L. Arrasmith
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answered on Mar 19, 2023

If you have sole physical custody of your child, you may be able to relocate internationally with your child depending on the terms of your joint legal custody agreement and the laws of your state.

In general, relocation with a child may require court approval or agreement from the other...
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1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: My lawyer has been rude and also has not sent my divorce papers out. What can I do?

I’ve been in the process of divorcing my husband for almost 10 months now. It is uncontested, he has signed the paper he was served, got it notarized, and sent it to my lawyer over a month ago, our child support was taken care of in family court, we have no assets to split, I’m not taking him... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Mar 19, 2023

First you said your husband sigbed papers. Were these a Stipulation of Settlement? There are many papers that have to be prepared and signed by the parties. Then you said you made changes and signed. Did you do so after your husband signed those papers? If so your husband needs to approve that... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: My son was born and PR and I live in Ny. never married. I am listed as father on birth cert. How do i get visitation
Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 8, 2023

Being listed on the birth certificate isn't enough. You need to have an acknowledgement of paternity to be the "legal" father or a court order. If there is an acknowledgment all you need to do is file a petition for visitation in Family Court. If there is no acknowledgement, you... Read more »

1 Answer | Asked in Family Law and Child Custody for New York on
Q: NYC - Non-Custodial parent was arrested night before appearance (he petitioned for visitation).

The child is now six and father has not seen her in a year. Why does the court not recognize this deadbeat who is sleeping on his mother's floor in her one-room apartment? He was arrested for breaking someone's nose the night before he was to appear in court. What proof is needed to... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunatley, the law says it is in the child's best interests to have visitation with the non-custodial parent. However, what type of visitation and how often is left to the judge after a hearing. You should meet with an attorney to go over all of the facts of the matter. If you cannot... Read more »

2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... Read more »

Peter Christopher Lomtevas
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answered on Mar 21, 2023

There are two kinds of jail inmates today: the ones who were convicted and sentenced to crimes, and young parents. We got that by voting carelessly.

Without an understanding of what the asker's arrearage actually is, we cannot offer an accurate answer, though that is not what the asker...
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2 Answers | Asked in Divorce, Child Support and Family Law for New York on
Q: When do judges actually put people in jail for not paying child support?

I've been supporting my child and paying far more than my support obligation. But I haven't been paying it through the state as required in the order because my ex-wife won't pay for anything. So I pay for school, camps, sports, all of that. Now I have an arrearage and my ex wants me... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 7, 2023

Unfortunately, the answer is yes you can be put in jail. You failed to follow the order and thus you disobeyed the court. There is law that says since you didn't pay per the order, anything you did pay was a gift. I strongly urge you to get an attorney to represent you on this matter.

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1 Answer | Asked in Adoption, Family Law and Immigration Law for New York on
Q: Hi so I wanted to know what is form 6-2 of guardianship in new york staten island to be precise. And what is the process
James L. Arrasmith
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answered on Mar 2, 2023

Form 6-2 is the Petition for Appointment of Guardian for a Minor. In New York State, this form is used to initiate a legal proceeding to have a guardian appointed for a child who is under the age of 18 and not emancipated.

The process for filing a petition for guardianship varies depending...
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2 Answers | Asked in Family Law and Child Custody for New York on
Q: can i move to another state with my kids, if i have sole custody?

was never married.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 1, 2023

The real question is do you have a custody order? If you do, then the father has visitation rights, in which case, you would need to get his written notarized agreement to allow you to move or a court order allowing the move. If there is no order, if the father has been visiting, then again, you... Read more »

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