Get free answers to your Family Law legal questions from lawyers in your area.
Can he accuse me if I take our kid to this trip in other state (7 hours from home)without his consent?
answered on Dec 19, 2024
Accuse you of what? I assume there is no court order forbidding this. You are returning with the children. You are doing nothing "illegal" or "unethical". You are their parent. Unless your relatives are a danger to the children I see nothing wrong legally.
answered on Dec 15, 2024
NY state does not have "alimony". It has spousal support or maintenance, which is limited and depends on the respective income and length of marriage. retirement accounts, including pensions, are property subject to equitable distribution. You may be entitled to a portion of the... View More 
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answered on Dec 15, 2024
The pension in New York is governed by the Majauskas formula the months of the marriage over the months of employment x 1/2. Maintainance or alimony is governed by a statute analyzing both incomes and producing a a result. Get a good divorce lawyer and these beneficial legal rights will be... View More
my wife's estranged father died earlier this year (possibly June) in nyc. she is the only child and it is believed he lived in the coop her mother owned and is now deseased as well. if that is the case, would like to know if she has a right to that property.
answered on Dec 2, 2024
Your wife may be able to contact the NYC Department of Health and Mental Hygiene since she is next of kin She may be able to request a copy of the death certificate. She can apply online, by mail, or in person. Death certificates are necessary for most estate-related matters. NYC Vital Records:... View More
I make $130,000 and he $30,000 on books. What are my options?
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answered on Dec 5, 2024
One option is to do nothing. There is no requirement that citizens appear in court and report that the other parent is not paying money to the custodial parent for the child. Another option is to go to a family court and file a petition seeking enforcement. A lawyer is a necessity in today's... View More
I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More
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answered on Dec 1, 2024
Given the circumstances and your clean record it is unlikely that you will face Jail. Hire a good criminal lawyer. This case seems to cry out for what in New York is an ACD Adjournment in Contemplation of Dismissal. It may require a mental health assessment but a Good criminal Lawyer can guide... View More
I have five children and a husband.. and last week my husband put a restriction order against me I didn't know that..my older daughter and son They testified against me along with my husband..My daughter is 15 years old and she hates me because I don't want her drug addict... View More
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answered on Dec 2, 2024
I'm sorry to hear about the difficult situation you're facing. Navigating legal matters involving restraining orders and allegations of domestic violence can be incredibly stressful. The information provided below aims to help you understand your rights and options.
In New York,... View More
Hello. Question. My husband's mother transferred shares of a cooperative apartment to his name. This was done during the marriage, but his mother registered the title to the apartment only in my husband's name. Now my husband has decided to make a will and a trust, but he has indicated... View More
answered on Nov 24, 2024
A gift to your spouse is not marital property even if given during the marriage unless it is comingled or transmuted. However, upon death, there are protections for a current spouse regardless of the will. New York has a "right of election" that allows a spouse to disregard the will and... View More
My father wants a divorce and currently lives in the U.S and my mother lives in Mexico and hasn’t been in the United States in over 10 years. How would the divorce work? If they get divorced here will they still be married in Mexico ?
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answered on Nov 27, 2024
Thank you for reaching out. The divorce process for your parents will involve considering the laws of both the United States and Mexico.
Since your parents were married in Mexico and also obtained a marriage license in the United States, it's essential to determine which country's... View More
I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More
answered on Nov 6, 2024
In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More
18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.
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answered on Nov 4, 2024
In situations like this, it's important to consider both your legal obligations and the practical implications of your decisions. Here are some steps you might take:
1. Even if the custody decree does not specifically address expenses like car purchases, it may provide guidance on... View More
18yr old lives with ex;; 16 lives with me. Decree does not address topic. I do not want to pay for a vehicle that I don’t own, insure or have control over especially when there is another child that will need a vehicle in 12 months.
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answered on Nov 3, 2024
The only possible way for the asker to be responsible for paying for one half of a vehicle is if his order of support - whether contained in a judgment of divorce or otherwise - contained a specific provisions for him to provide vehicles.
Vehicles are not ordinarily a part of an order of... View More
He is supposed to go to see him out of state 12/19-12/29 but is refusing to give me flight information. If I do not receive it can I deny him the right to take him? He does not pay child support bc he is going off the divorce agreement when he lived in NYS.
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answered on Nov 3, 2024
We do not know and are not told if the "parenting contract" is ordered by the family court or is an informal contract entered into by the parents. If the contract is ordered by a judge in a family court, then the parties must adhere to its requirements or face sanctions. The visiting... View More
My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More
answered on Nov 5, 2024
Sorry to hear what you're going through. Although New York does not recognize a cause of action for "wrongful life", it does recognize one for "wrongful birth". In a wrongful birth action, the parents would claim damages for the extraordinary costs of raising a child with... View More
My kids have rare genetic disorde and take infusions weekly. They were conceived 2013 and 2016 and do not respond to vaccines. They spent first 6 years of life horribly sick, the spern bank we used was Manhattan Cryo. I am curious if we have a chance at settlement. Their medicall care require... View More
answered on Nov 1, 2024
I'm sorry for your ordeal. The most reliable way to answer your question would be to reach out to law firms to discuss in further detail. There are a number of issues and entities to sort out here, and it isn't fully clear who you deem to be the liable party (or parties?). It would depend... View More
My ex-husband just filed a petition in Nassau County NY Family Court to re-evaluate child support. Our divorce was finalized in Delaware County a year ago and the Delaware County Judge retains jurisdiction. Also, our mediated divorce agreement states that any court filings will be immediately... View More
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answered on Oct 17, 2024
One does not file a petition to dismiss but rather one files a motion to dismiss. This motion requires particularized legal skill that a lawyer has. The asker must retain counsel.
A crucial factor mostly out of the minds of all Americans is that no one has any rights unless the person... View More
Need legal advice concerning this matter if that is legal
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answered on Oct 17, 2024
Current New York law (and the law of most other jurisdictions) excludes any inheritances given spouses unless the spouse commingles the inheritance with marital assets. The wife had no duty whatsoever to inform the asker of her inheritance, and in so doing, likely kept her inheritance separate from... View More
What recourse do you have to ensure you still have access to your children?
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answered on Sep 27, 2024
Dependent on the state. In New York the case of Tropea v Tropea requires judicial intervention The standard for relocation is the “ best interests of the child”’ She cannot remove the child on a whim. Like she wants to go to Florida because she wants to enjoy sunshine. There must be a... View More
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answered on Sep 23, 2024
Yes, your parents can take your cellular phone away, even if it was a gift from your grandmother. As a minor living in their household, your parents have the legal right to make decisions regarding your possessions, including your phone. They may have their reasons for wanting to do this, such as... View More
We had issues last year when we realized that my child’s teacher at the time was posting pictures she kept taking of the class on a school app that is used by the as well as all parents and listing my child’s full name and everything . And because we have privacy concerns since we have a... View More
answered on Sep 10, 2024
There could be a couple of different ways to look at this - it is more a privacy law question than an education law question. A starting point could be to check with your attorney (the one associated with the court order). They would know better than anyone on a public forum the scope of what the... View More
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