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New York Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for New York on
Q: what do i need to file divorce under abandonment and how long does it take for the divorce to be final
Howard E. Knispel
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Howard E. Knispel
answered on Dec 7, 2023

Under current NY law you do not need cause to file for divorce. You do not need to prove abandonment. If the divorce is uncontested, meaning it is agreed to by both parties, it could take several months depending on the county it is filed in. If it is not uncontested then there is no way of... View More

1 Answer | Asked in Family Law for New York on
Q: What can I do if my ex took our daughter’s phone away & won’t let her contact me? The phone is under my name for 3 yrs

There is pending custody proceedings, he has gone out of his way to alienate me & prevent my daughter from having a relationship w/me ever since I motioned the court for custody modification. We have joint legal custody, he has residential custody. My petition meets the criteria for change of... View More

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, where your ex has taken away your daughter's phone and is preventing communication, it's important to address this issue through legal channels, especially since there are ongoing custody proceedings.

Since you already have joint legal custody and there is a...
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2 Answers | Asked in Family Law, Estate Planning and Probate for New York on
Q: My step mother of 5 years passed away and we are being told my that part of fathers estate will go to her children.

Will is not done yet and they are not in the will. New York state

James L. Arrasmith
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answered on Nov 29, 2023

In New York State, the distribution of an estate depends on the specifics of the will and the laws of intestate succession. If your stepmother passed away and the will is not yet completed, the distribution of her estate will be based on the existing will, if there is one, or according to state... View More

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2 Answers | Asked in Family Law, Estate Planning and Probate for New York on
Q: My step mother of 5 years passed away and we are being told my that part of fathers estate will go to her children.

Will is not done yet and they are not in the will. New York state

Bonnie Lawston
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Bonnie Lawston
answered on Dec 12, 2023

If all of your father‘s assets passed to his spouse, then either Her will controls, or if she passed without a will, then intestate laws would apply. However, if there is no well, then, the law looks to the intestacy laws to distribute her estate pursuing to Next of kin.

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2 Answers | Asked in Family Law for New York on
Q: If my exes lawyer does not properly serve me papers by the date judge put, what happens with their “filings”?

My exes lawyer has been calling me, leaving messages that have an underlying intimidating tone, telling me I need to come to her office to pick up court papers they supposedly filed by a certain date. They are aware I live in PA, they have my address and my work address as well - lawyers office is... View More

James L. Arrasmith
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answered on Nov 30, 2023

In legal proceedings, proper service of documents is a critical step. If your ex's attorney fails to serve you the court papers in the manner required by law by the specified date, their filing may not proceed as planned. Each jurisdiction has rules on how legal documents must be served, and... View More

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2 Answers | Asked in Family Law and Child Support for New York on
Q: I have stipulation w/ex for CS, I filed objection but was denied. Can I now file a Motion to vacate stipulation?

Original stipulation filed 10/17. Objection was denied and filed 11/17. Do I have time to file the motion to vacate? I disagree with his stated income. He is self employed and currently lives in FL. The child support amount paid to me should be considerably more.

James L. Arrasmith
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answered on Nov 30, 2023

In your case, filing a motion to vacate the stipulation for child support might be a viable option, especially if you have grounds to believe that the original agreement was based on incorrect or incomplete information about your ex-partner's income. It's important to note that courts... View More

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2 Answers | Asked in Family Law for New York on
Q: Does a power of attorney allow someone to discuss legal matters with lawyer or receive paperwork from their case?

I'm trying to get my sons record from his previous attorney and speak to him. The attorney says power of attorney doesn't give me authority to do that.

James L. Arrasmith
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answered on Nov 30, 2023

A Power of Attorney (POA) is a legal document that allows you to appoint someone to manage your affairs, but its scope depends on how it's drafted. Typically, a POA can grant authority to handle financial and business transactions, make medical decisions, or perform other specific actions on... View More

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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can i file for custody after finding the other parent is in aa without my knowledge

My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More

James L. Arrasmith
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answered on Nov 28, 2023

Based on the information provided, you may have grounds to file for custody modification, but success will depend on several factors:

- The court will look at the totality of the circumstances to determine if there has been a significant change in circumstances that might warrant modifying...
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2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can i file for custody after finding the other parent is in aa without my knowledge

My son mother has primary physical custody. Someone outside of the family made me aware she is currently in AA. I had no knowledge of this she had 2 cps reports unfounded this year and a mental health break and hospitalization in the past 6 months. do i have grounds to file for custody or is it... View More

Peter Christopher Lomtevas
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answered on Nov 30, 2023

Anyone can file anything one wants any time one wants, but the problem will be in winning. The underlying facts here are insufficient as a change in circumstances warranting a court's review of the current order of custody, and the whole proceeding will yield nothing.

However, there...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can my daughter move out at 17 with out dads consent?

She wants to live with mom and is scared to go back to dads cause of abuse

James L. Arrasmith
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answered on Nov 28, 2023

In New York, the legal age of majority (when a child is considered an adult) is 18. However, the situation you described involves several complex issues, particularly around child custody and potential abuse. Here are some key points to consider:

Child Custody Agreement: If there is a...
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2 Answers | Asked in Child Support and Family Law for New York on
Q: Original Support order that was never increased, dated March,11 2011. I closed the case in December of 2023. can I

reopen the case & request for back paying being that the noncustodial parent wasn’t disclosing all of his income. I do have a motorized letter from his employer the noncustodial parent was making more money since 2008. whatever income he showed in 2011 was incorrect. can I file for income... View More

James L. Arrasmith
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answered on Nov 28, 2023

In child support cases in New York, there are a few key points to consider:

Reopening a Closed Case: If your child support case was closed, you generally have the right to reopen it, especially if there are changes in circumstances that justify a review or modification of the support order....
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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can i take my kids mom to court for not telling me she was in treatment

My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More

James L. Arrasmith
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answered on Nov 28, 2023

Here is a summary of the key legal considerations in this situation:

- In New York, there is generally no legal requirement that a custodial parent inform the non-custodial parent when they enter treatment for something like alcohol abuse. However, significant issues that could impact the...
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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can i take my kids mom to court for not telling me she was in treatment

My sons mother had full physical custody. In the past 12 months she has had 2 cps reports against her, unfounded, and a hospitalization for what she claims was mental illness that lasted a week. Recently i learned she is in treatment for alcohol abuse. I was never aware this was taking place and... View More

Ms. Norka M. Schell
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answered on Nov 26, 2023

The use of drugs and alcohol can affect the entire family; however, the impact of parental alcohol or drug abuse can be devastating to a child. In cases involving children, the court’s objective is to come to a custody arrangement that is in the best interest of the child. Parental substance... View More

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2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

James L. Arrasmith
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answered on Nov 23, 2023

In New York, the legality of this situation hinges on the specifics of the custody arrangement and the best interests of the child. If a custody agreement or court order is in place, both parents are expected to follow it unless there's an immediate risk to the child's health or safety.... View More

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2 Answers | Asked in Family Law, Child Custody and Health Care Law for New York on
Q: Is it illegal a child's mom forces the father to take the child while COVID positive and also his gf is too.

She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?

T. Augustus Claus
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answered on Nov 22, 2023

if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More

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1 Answer | Asked in Family Law and Child Support for New York on
Q: I STOPED PAYING CHILD SUPPORT10 YEARS AGOWHAT CAN I DO

ONCE I FOUND OUT 1 OF 2 CHILD,WE NOT MINE

I ASKED MOTHER TO TAKE ME TO COURT

SHE NEVER DID...11/14/2023

KIDS ARE NOW IN THERE 20

James L. Arrasmith
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answered on Nov 17, 2023

If you stopped paying child support due to doubts about paternity, it's important to address this situation legally, even if the children are now adults. In New York, child support obligations typically continue until the child reaches 21, unless otherwise specified by a court order.... View More

1 Answer | Asked in Child Custody and Family Law for New York on
Q: How much consideration does a judge give to the child’s wishes when it comes to which parent they want to live with?

A law guardian was assigned by the court (i filed petition to modify custody order from 2020); they asked the child if they wanted to move and they said “no, the child expressed that they were afraid of hurting that parents feelings by wanting to move”…is this a fair assessment of what is... View More

James L. Arrasmith
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answered on Nov 17, 2023

In child custody cases in New York, the judge does consider the child's wishes, especially when the child is of sufficient age and maturity to express a reasoned preference. At 12 years old, your child's opinions may indeed be given weight in the court's decision. However, the judge... View More

1 Answer | Asked in Child Custody and Family Law for New York on
Q: What is the purpose of “mediation” sessions before a custody modification trial?

The judge has ordered 4 sessions (monthly), prior to the actual trial date. What are they looking to accomplish during mediation?

James L. Arrasmith
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answered on Nov 17, 2023

In your child custody case, the judge ordering mediation sessions before the trial is a common step. The primary goal of these sessions is to encourage both parties to come to a mutual agreement regarding the custody arrangement, outside of the courtroom.

Mediation focuses on fostering...
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1 Answer | Asked in Family Law and Child Custody for New York on
Q: what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?

what is the likelihood that the judge will grant my request for custody/relocation on the day of OSC Conference?{Ive submitted a substantial amnt of qualifying evidence docs to "show cause" w/OSC motion} I had filed a petition to modify custody two weeks prior to the OSC & got a... View More

James L. Arrasmith
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answered on Nov 12, 2023

The likelihood of a judge granting a request for custody or relocation during an Order to Show Cause (OSC) Conference can vary based on the specifics of the case. In family law, the primary consideration is always the best interest of the child. If you've submitted substantial evidence... View More

1 Answer | Asked in Family Law and Municipal Law for New York on
Q: Is it legal to change my name more than once at a New York City court?

I recently filed a name change petition to change my name, and the judge quickly granted it. But there is a problem: I regret the name I have chosen.

I have not reported my court granted name to any government agency. Would I be required to reference my court approved name in my new name... View More

James L. Arrasmith
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answered on Nov 8, 2023

Yes, it is legal to change your name more than once in New York City courts. If you've had a change of heart about the new name, you can file another petition for a name change. In your new petition, you would need to reference any previous name changes, including the one recently granted by... View More

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