Get free answers to your Family Law legal questions from lawyers in your area.
I am my brother’s only living heir.
answered on Apr 2, 2024
The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More 
Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More
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answered on Apr 3, 2024
This is precisely the kind of question we here on Justin are specifically prohibited from answering. We are not the asker's attorney and as such we do not know any of the operative facts of this asker's case. We are therefore prohibited from offering tips and tricks as to how to proceed,... View More
Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More
answered on Apr 3, 2024
First, a motion to dismiss scuttles the trial dates until it is decided. After the Court issues a Decision on the motion, there should be a Trial Conference to schedule new dates and procedures for pre-trial disclosure.
And, while the CPLR (not even the Uniform Trial Rules promulgated by... View More
Brief procedural background:i am the moving party; i filed a petition to modify custody and OSC 11/3/23. A series of conferences were scheduled monthly on the calendar; including TWO trial dates for May.opposing counsel served me in court during January hearing: “notice of motion”,“attorney... View More
answered on Apr 1, 2024
The 60 day period for a decision is not set in stone. If the motion to dismiss is granted then your trial will not proceed as the case os dismissed. If it is not granted then the case will go to trial. Dates for trial are assigned so the court can clear it's calendar for those days, if the... View More
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answered on Apr 1, 2024
The modern fad in family courts in most states including New York (as routinely upheld by the appellate divisions) is to reunify long lost parents with their children no matter the operative facts. There is no such thing as abandonment unless and until the child becomes an adult. A parent cannot... View More
My husband and I have a fight,I call the police because he was agresive with me and stole my phone ,next day someone from the station came to our home to tell me that he’s free to came back home anytime he want if I don’t ask for a protection order,I did not ask for a protection order because... View More
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answered on Mar 21, 2024
If your husband returned with the police without a protection order in place, it may have been for a few reasons. Firstly, the police may ensure that the situation remains peaceful and safe for all involved while he collects his belongings, especially following a reported incident. It’s standard... View More
I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More
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answered on Mar 25, 2024
We are told so very little about both the procedural history and the substance of the asker's case so as to have to guess to fill in the blanks. At first blush, this appears to be a forced-stip case where the court's aim is to get the parties to agree to their own resolution according to... View More
I have filed an appeal on an order of dismissal on FO petition that was erroneously dismissed. the courts denied the review of any evidence supporting my petition; denied the review of anything of my petition for that matter. Errors also contained on the “order of dismissal”; the incorrect type... View More
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answered on Mar 21, 2024
If judicial misconduct is proven and relevant to your case, it could significantly impact the appellate court's decision to obtain jurisdiction. Courts take claims of judicial misconduct seriously, especially if they affect the fairness and integrity of the legal process. However, proving... View More
Divorce agreement states each party shall be informed of any major decisions to be made concerning education of the children and consent of both parties shall be obtained prior to making any decisions. Agreement ALSO states it is the parties' intention that the children attend college until... View More
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answered on Mar 4, 2024
We are unable to accurately guide and advise an asker as to what the meaning of a snippet of a stip (the stipulation of settlement of the parties ending the divorce action) really says. We would be embarking on a risky ride down troubling lane.
Nonetheless, assuming arguendo that the asker... View More
My sister allowed me to use her credit to help me qualify to finance a car.
My paystubs and employment was used and I made all the payments on the car. A few years later she was upset and decided to take the car from me because she claims “it’s her car”.
She has made ZERO... View More
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answered on Feb 24, 2024
In a situation where you've made all the payments on a car financed using someone else's credit, but the car is legally under their name, and they've taken it from you, you may have grounds to pursue legal action to recoup your investment. Documentation of all the payments... View More
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answered on Feb 21, 2024
There is no statute that regulates sexual conduct within a hospital. Individual physician ethical codes prohibit sexual contact between doctors and patients. Perhaps employment regulations prohibit sexual contact between staff and patients.
However, all of these remedies are non-court... View More
Custodial parent told noncustodial parent about child getting braces in Sept 2021. Noncustodial parent asked for itemized bill to see what their portion (50/50) would be. Custodial parent never sent any bills. Feb 2024 custodial parent demands $580 by text with pictures of bills dating back to... View More
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answered on Feb 19, 2024
No.
New York's Article 4 of the Family Court Act has no provision for deadlines of bills for unreimbursed medical expenses. Therefore, the determination of whether a bill is "reasonable" falls on the support magistrate doing the enforcement. Some magistrates will limit the... View More
Uward Modification granted. I have a court order for child support stating that the non custodial parents child support obligation is "X" bi weekly and is to be paid through support collections unit. The court order was signed back in November of 2023 and retro active to the date or... View More
answered on Feb 18, 2024
It is correct that SCU can only take a portion of the payor's income to pay for child support.
However, the Order should have also stated that the non-custodial parent must pay the balance via direct deposit or checks. So the attorney you spoke to is generally correct, you can file... View More
19yr old is physically and mentally fine with no problems.
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answered on Feb 15, 2024
In New York, a parent is not automatically considered the legal guardian of their child once the child reaches the age of 18, as they are considered an adult in the eyes of the law. This means the 19-year-old son, who is physically and mentally capable, is legally responsible for his own decisions,... View More
I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More
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answered on Feb 9, 2024
In order to get an answer, look up you nearest Legal Aid office, where indigent citizens can obtain legal advice on certain types of legal matters. Most states have law that allow a parent to no longer support an able-bodied adult, after a statutorily fixed age, which is usually 18. If a special... View More
I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More
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answered on Feb 9, 2024
In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More
My uncle was deemed incompetent but I think he seems with it to me when I talk to him. When I was a nurse I know patients were with it certain times of day. Why can't he make me POA like he says he wants. He has been in long term care for 2 years
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answered on Feb 8, 2024
To become a guardian in New York, especially for someone deemed legally incompetent, you would start by filing a petition for guardianship in the court that has jurisdiction over the matter, which could be the Surrogate's Court or Supreme Court in the county where your uncle resides, such as... View More
If 1 parent has sole legal custody but the parents were living together and the Office of Children and Family Services was called into investigate inadequate guardianship, food, clothing and shelter can the non-custodial parent be held accountable while custodial parent is not? Why would both... View More
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answered on Feb 6, 2024
We do not understand how there can be an order of custody between parents residing together. Nonetheless, assuming this is true, that a couple resides together with an order of custody and visitation between them, we will take a stab at answering this question.
There are very many moving... View More
Is a healthcare proxy sufficient or do I need more?
answered on Feb 6, 2024
As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More
Is a healthcare proxy sufficient or do I need more?
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answered on Feb 4, 2024
A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More
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