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My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be
Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More 
answered on Dec 28, 2023
A separation agreement, if properly executed, is enforceable. It does not have to be approved by the court. You can enforce it through a divorce action or a plenary action. However, you can not unilaterally toss it aside. If you start a divorce action, your spouse can seek to enforce the terms... View More
They are being physically psychologically and enotionally abused and neglected by their mother and they currently live under my roof. Cps has been involved but they are closing the case and saying it’s unfounded even with evidence in picture and video footage. I have a picture of he whole hand... View More
answered on Dec 26, 2023
The child custody and family law attorneys here could advise best, but your question remains open for a week. Until you're able to consult with someone knowledgeable in the field, here's a link to Justia's resources for New York City Legal Aid & Pro Bono Services...... View More
My kids dad lived with us till about 6 months ago . We’re not divorced yet and I don’t work . He wants to claim the kids and keep the $ . I told him he can’t claim them . Can he with out my permission?
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answered on Dec 25, 2023
In situations involving the claiming of children on taxes, the IRS has specific guidelines. Generally, the parent who has the children for the majority of the year has the right to claim them as dependents. This is often referred to as the "custodial parent."
Since you mentioned... View More
He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.
answered on Jan 10, 2024
I assume that by "divorce papers" you mean those papers to start an action in New York for divorce, not an actual divorce decree, which would be a done deal. To sue you for divorce as a resident of a "foreign" state, the Supreme Court in a matrimonial action may exercise... View More
He claims the court says he cant send this paperwork through the mail. He has my certified copy of the divorce papers.
answered on Dec 23, 2023
He is not being truthful. He can send the divorce judgment through the mail just like any other document. We usually send the judgments to our clients by mail. You can contact the county clerk in the county where the Divorce was granted and get a copy but you may be required to provide... View More
He has been living a double life and cause caused me severe emotional damage and trauma and our whole relationship has basically been a fraud. I would like full custody of my son because I believe he is not a trustworthy person anymore, I don’t feel safe if he is with my son. He does not know... View More
answered on Dec 21, 2023
You can petition in Family Court for custody. Depending on the facts, what is in the best interest of the child, the court will grant custody. As for the money, you would need to sue him in State Supreme Court as Family Court does not have jurisdiction over regular debts.
I need to ask the Support Magistrate who made my child support order a question adout my case is there a order to show cause form for that?
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answered on Dec 16, 2023
This is not normally possible. The support Magistrate as a quasi judicial officer cannot be contacted by one side. You would have to petition the support wing of Family court in writing for a clarification of any ambiguity in his order. In other words ask the question in your petition on notice to... View More
Custody order states: BOTH parents share joint legal custody, one parent has residential custody. BOTH parties are entitled to access to the child’s medical, educational records and information, both parties are able to attend any medical/educational/religious/extra curricular activities for the... View More
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answered on Dec 16, 2023
This is a direct violation of the Support order. The seminal case Braiman v Braiman suggests Joint custody cannot lie where the parties cannot share joint decision making such doctors therapy mental health decisions . Her behavior can be grounds for exchange of custody. It’s clear she refuses to... View More
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
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
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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... View More
Will is not done yet and they are not in the will. New York state
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.
Will is not done yet and they are not in the will. New York state
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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
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
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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
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.
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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
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.
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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
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
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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... View More
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
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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... View More
She wants to live with mom and is scared to go back to dads cause of abuse
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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... View More
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
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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.... View More
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
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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... View More
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