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New York Family Law Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: How much would the fee be to be represented by a lawyer concerning support order and divorce.

I my name is Tamika I live in the state of Jersey child support case open up in New York. Absent parent hasn't paid since July of this year, in need of a family court lawyer to assist With support application order and a divorce. Thank you if someone will come and get back to me concerning... View More

James L. Arrasmith
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answered on Nov 4, 2023

Legal fees can vary widely based on a number of factors including the complexity of your case, the attorney's experience level, and the customary rates in your geographic area. For a child support order and divorce, some attorneys may charge a flat fee for certain services, while others might... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: I’ve slapped my bf before. He has evidence. Then he attacked me twice very brutal attacks. Who gets into trouble?

I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?

James L. Arrasmith
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answered on Nov 4, 2023

Both parties may be subject to legal consequences for acts of violence. Your previous actions do not excuse his subsequent, more severe attacks against you. Each instance is evaluated on its own merits, and evidence plays a crucial role. If you've been the victim of a brutal attack, it's... View More

1 Answer | Asked in Family Law and Domestic Violence for New York on
Q: I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair

I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble?

James L. Arrasmith
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answered on Nov 4, 2023

In such situations, both parties may face legal consequences for acts of violence. It is important to understand that previous acts do not justify retaliation or escalation. If you were attacked, you have the right to report the incident to the police and seek protection. Depending on the details... View More

1 Answer | Asked in Family Law and Immigration Law for New York on
Q: Does Cuthill v. Blinken decision in second circuit is applicable in my situation?

I filed an i-130 petition for my minor children as a lpr but i become a citizen and petition is still pending a decision my son is above 21 when i become a citizen but i filed as a lpr for F2A category but uscis upgraded the category to F-1 i initially filed the petition from new york but later on... View More

James L. Arrasmith
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answered on Nov 4, 2023

The Cuthill v. Blinken decision in the Second Circuit may be relevant to your situation, particularly if your case would benefit from the application of the Child Status Protection Act (CSPA) to lock in your child's age as under 21 at the time you filed the I-130 petition. Since the petition... View More

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Can I file and Order of protection, requesting immediate relief of custody pending hearing?

I filed petition for modification of custody, change of circumstances. Im confident my petition meets threshold to qualify for change. I have joint legal custody with my daughters father, he has residential. The last order was set forth may 2020, Nassau county NY. Since then I have... View More

James L. Arrasmith
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answered on Nov 4, 2023

You can file for an order of protection if you believe your child is in immediate danger. This order can include temporary custody arrangements pending a hearing. Document all instances of denied parenting time and unilateral decisions as evidence. The texts you have can also be submitted as... View More

1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: Can my foreign father be served to pay back child support he never paid?

My mother (who is from the United States) divorced my father (who is from Mexico) by herself in the before I was born. They were married for at most 4-5 months. My father left the country to return to Mexico and never returned to the United States, and never paid my mom anything in child support... View More

James L. Arrasmith
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answered on Nov 4, 2023

Yes, your father can potentially be served to pay back child support he never paid, even if he lives abroad. The United States has agreements with certain countries, including Spain, for the enforcement of child support orders. If there was a child support order issued by a U.S. court, you may be... View More

2 Answers | Asked in Family Law and International Law for New York on
Q: i have a question regarding Primogeniture , i live in new york state and this person lives in oklahoma .

talking about marriage , money in inheriatnce foreign government .

James L. Arrasmith
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answered on Nov 4, 2023

Primogeniture, the right of succession belonging to the firstborn child, is largely obsolete in American law. Inheritance in the United States, including New York and Oklahoma, typically does not depend on birth order but on the contents of a will or the rules of intestate succession if there is no... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: If I filled a petition for full custody and will like to dissmiss it, what are my steps to do so? Or I just don’t show

To court date?

James L. Arrasmith
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answered on Nov 4, 2023

If you've filed a petition for full custody in New York and wish to dismiss it, you should file a voluntary discontinuance form with the court where you filed the original petition. It's important to do this before the court date. Simply not showing up to your court date is not advisable... View More

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I file a family offense petition asking for immediate relief and custody? The child is subject of emotional neglect

I have petitioned the court a few days ago for modification of custody order from 2020, however information in regard to the direct form of emotional/mental abuse was brought to my attention by my daughter when I picked her up for my scheduled parenting time. I have evidence of texts. She does not... View More

James L. Arrasmith
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answered on Nov 4, 2023

Yes, you can file a family offense petition in New York seeking immediate relief if you believe your child is in danger due to emotional neglect or any form of abuse. This can be done in Family Court. When new information comes to light regarding the child's safety, it is important to act... View More

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2 Answers | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny

The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More

James L. Arrasmith
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answered on Nov 4, 2023

If a judge in New York has made orders under what you believe to be emergency jurisdiction and the home state of the child is Florida, you may have grounds to challenge the New York court's jurisdiction. In matters of custody, generally the home state of the child has jurisdiction.... View More

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2 Answers | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can you file an appeal when a judge makes orders while exercising emergency jurisdiction? Ny

The Original custody order is NY order, child n mom moved to FL, now the Home state is FL for 4 years . Mom brings child to dad for summer vacation , not he refused to return child to mother (the custodial parent ) , kept child mom filed writ of Hc unknowing father filed in NY filed for emergency... View More

Howard E. Knispel
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Howard E. Knispel
answered on Oct 25, 2023

While there is a lot of information here there are some crucial details missing. Did the original court order in NY give the custodial parent permission to relocate? If not, did the custodial parent seek permission to relocate? Normally, a custodial parent does not have the right to relocate out... View More

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2 Answers | Asked in Divorce, Landlord - Tenant and Family Law for New York on
Q: Can the landlord that evicted tenant live in same said property dwelling that tenant is being evicted from ??

We are a couple and splitting up after 10 to 11 years , and she give me a notice to quit and says I have 90 days , and the electric bill is way behind , it says that I'm to take care got that and any future bills acquired, and she thinks that she can stay in same said house with her daughter... View More

James L. Arrasmith
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answered on Oct 23, 2023

In New York, if you both share a residence and one person wants the other to leave, it can be a complex issue. If both of you are on the lease or own the property jointly, both parties generally have equal rights to the premises. If only one of you is on the lease or is the owner, that person... View More

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2 Answers | Asked in Divorce, Landlord - Tenant and Family Law for New York on
Q: Can the landlord that evicted tenant live in same said property dwelling that tenant is being evicted from ??

We are a couple and splitting up after 10 to 11 years , and she give me a notice to quit and says I have 90 days , and the electric bill is way behind , it says that I'm to take care got that and any future bills acquired, and she thinks that she can stay in same said house with her daughter... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 24, 2023

How is your co-tenant your landlord? Is she the tenant with a lease for the last 11 years, and you are the mere occupant? If so, your legal status may be nothing more significant than that of a Roommate. Did you pay rent to your partner and not to the landlord?

A Notice to Quit is...
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4 Answers | Asked in Family Law for New York on
Q: In terms of a relocation case, how do I show a school district is a good choice?

I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.

T. Augustus Claus
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answered on Oct 17, 2023

To show that the Osceola County school district is a good choice in a relocation case, you can focus on its academic performance, programs and services, teacher quality, and facilities. You can gather evidence such as academic rankings, test scores, teacher qualifications, and photos and videos of... View More

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4 Answers | Asked in Family Law for New York on
Q: In terms of a relocation case, how do I show a school district is a good choice?

I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.

James L. Arrasmith
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answered on Nov 5, 2023

To demonstrate that the Osceola County school district is a good choice in a relocation case, you might consider gathering comprehensive evidence about the quality of the educational programs, including standardized test scores, graduation rates, student-to-teacher ratios, and the availability of... View More

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4 Answers | Asked in Family Law for New York on
Q: In terms of a relocation case, how do I show a school district is a good choice?

I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Oct 18, 2023

School districts are ranked based on performance and other criteria. This information is available on line. If cannot find it call the school district directly and ask for the information. Keep in mind that you have to show that it is at least as good if not better than your current school... View More

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4 Answers | Asked in Family Law for New York on
Q: In terms of a relocation case, how do I show a school district is a good choice?

I'm hoping to move to Fl with my daughter. I need to show the Osceola County school district is a good choice in winning my relocation case.

Peter Christopher Lomtevas
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answered on Oct 22, 2023

We cannot provide particularized legal advice here online because we do not know the asker's case. In instances involving a relocation, the typical New York family court judge will be looking for economic improvement of the child. That is to say a job relocation that pays more income stands a... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: How to find out when a temp custody agreement ends

I gave my aunt temp custody the paper that was notarized said until sept 21 or until further notice I checked both boxes because we didn’t know which one we were suppose to check

Peter Christopher Lomtevas
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answered on Oct 14, 2023

This question address how to construe ("construction" of) an agreement. Although we here cannot see the agreement, we imagine it provides for both contingencies: either the agreement terminates on September 21st, or at any other time presumably sooner than September 21st.

We also...
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1 Answer | Asked in Family Law for New York on
Q: Can I ask a grandparent who helped raise for the first five years seek visitation now that I've been denied for four mon

Four months

T. Augustus Claus
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answered on Oct 13, 2023

Yes. Grandparents in New York have the right to seek visitation with their grandchildren if they can show that they have a substantial relationship with the grandchildren and that visitation is in the best interests of the children. If the grandparent can show that they have a substantial... View More

1 Answer | Asked in Divorce and Family Law for New York on
Q: How will substance abuse impact divorce?Also, my wife makes $180,000/year and I make $56,000/yearMightI get alimony?

We have been married 5 years and both got our current jobs after marriage.

She wants me to leave the house but I've heard that it's a bad idea to do that so I have stayed. Is that true?

Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

You have a short term marriage so spousal maintenance, if any, will be short and/or less than a longer term marriage. Substance abuse may be a factor, but if helps or hurts you depends on who has it and consequences. Leaving a marital residence voluntarily may be considered abandonment of it... View More

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