Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Family Law Questions & Answers
1 Answer | Asked in Family Law for New York on
Q: Good Afternoon, How can we legally pursue a court-appointed attorney for the Child for damages, in NYS?

On behalf of my daughter, whose court-appointed Attorney has Psychologically and Mentally abused her for a duration of 5 years.

The Attorney for the Child resigned before her own trial, which the judge had set up to remove her from the case.

Thank you in advance for your help; it is much needed.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024

There is no answer to this question because the attorney for the child's supervisors have their office in the local appellate division. These offices derive their authority from the appellate division, and attorney for children are the local super-lawyers.

Other states have different...
View More

1 Answer | Asked in Contracts and Family Law for New York on
Q: What must be proven to successfully sue a parenting coordinator who is "immune from suit".

The person in question intentionally broke their contract, admitted to breaking HIPAA laws in writing, and refuses to refund a retainer, despite admitting that I am due a reimbursement.

Can this be handled in small claims court?

I am also intending to file a complaint against... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024

With all the wars going on around the world, our government has circled its wagons against all enemies foreign and domestic. We are its domestic enemies.

The government's staffers both employed and assigned are inside the circled wagons. Each can do whatever he wants and say what he is...
View More

1 Answer | Asked in Family Law for New York on
Q: As a removed administrator of my fathers N.Y estate, do I have to pay for the 2nd 1/2 accounting as a heir now.?

My niece is now administrator and refuses to pay for the 2nd1/2of my accounting. Isn't the estate suppose to pay for my accounting since I was removed?

Damien Matthew Bosco
Damien Matthew Bosco
answered on Apr 28, 2024

Hello:

This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.

Thank you for asking your question....
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I have been paying child support to NYS foster care for my adopted son from China. NYS has laws that allow the child to

be funded until the age of 21. I gave up my son voluntarily after a year from adoption at the age of 13.5 years because he told me he could not stop attacking me. He has reactive attachment disorder (RAD).

I am 65 and want to retire, but I have another year until August 2025. Is there any... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024

We are not a repository of arguments that we can craft for general purposes. We know nothing of the case beyond the facts provided that a person adopted a child and gave him up to the foster care apparatus and continues to pay child support to that apparatus. We do not know if this support is... View More

1 Answer | Asked in Consumer Law, Family Law and Civil Rights for New York on
Q: My father accrued debt in my name. I have evidence of trying to be removed. I am wondering options I have in this case

My Father accrued 16,000 in debt on a lease in my name (& his) when I was 19 and I have never been or lived there…(I am on a lease now here where I live NYC and have been living here since I got out of the navy in 2021) back in 2021 I tried to remove my name from the lease & have proof of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

In your situation, gathering and organizing all relevant evidence is crucial, including emails, documents, and any communication showing your intent to be removed from the lease and your non-consent to its renewal. This evidence can support your claim that you were not responsible for the debt... View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: I busted a senior support magistrate who withheld vital evidence and aided in a 32000 dollar fraud on the courts and me

this happened in Suffolk County NY I have all the evidence and now the courts are going out of there way to cover this up. I am a disabled person with a TBI and I live out of state

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

There is no question here. There is nothing to say.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can a copy of transcripts of previous proceedings be used as evidence exhibit/reference in response/answering papers?

Can i use what was said on the record in a previous hearing of my case? The relevance is what opp counsel stated in their affirmation or lack thereof and what was said on the record are conflicting. I’ve already paid for & received the transcripts; writing response papers i have cited the... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Mar 21, 2024

The short answer to your question is yes they may be used as exhibits

1 Answer | Asked in Family Law for New York on
Q: I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage

I am an adult muslim female marrying an adult nonmuslim man. We will do a nikkah and a separate legal marriage (license/ certificate). What is the legal implication of the nikkah ?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 5, 2024

A religious ceremony has no legal effect. Only the marraige license has legal effect and is to be signed by an officient.

2 Answers | Asked in Consumer Law, Identity Theft, Tax Law and Family Law for New York on
Q: How do I get protection before the relationship gets bad all the things I am experiencing who do I start with

Just need to get safe with the things we developed throughout business and our personal day life like bills etc

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2024

There might be more here than can be sorted out in a brief Q & A response. These could include the nature of the business entity, its structure, your agreements, your contributions to business, etc. One option could include sitting down with an attorney and discussing in confidence what... View More

View More Answers

1 Answer | Asked in Family Law and Civil Rights for New York on
Q: Delayed Birth Certificate or declaratory judgment in the place of birth certificate. Had been waiting and applying for

Good Morning 

Delayed Birth Certificate or Declaratory judgment in place of it

Written on the behalf of xx, an 65 years of age gentleman that has sobered up.

Until then he lived in Charlotte Street South Bronx with single mother and was born in Lincoln hospital.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Consulting with a legal professional who understands the intricacies of New York's legal system regarding birth records can provide guidance on this issue, ensuring that all necessary documentation and evidence are properly organized and presented.

1 Answer | Asked in Divorce and Family Law for New York on
Q: Help regarding divroce case

I filled my divroce case 08/18/2023 so today i see update in e court website apperance date is 01/12/2023

Court date purpose : Uncontested Matrimonial-Initial Submission

Fully Virtual : No

Court Date Type : Administrative

What that mean please help me to... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

We attorneys understand without a doubt that New York's economy is severely challenged, and that the public's ability to retain attorneys to represent them in divorces is equally challenged. We do the best we can within the constraints imposed upon us by numerous ethical rules, but we... View More

1 Answer | Asked in Family Law for New York on
Q: Family Court in Kings County, Brooklyn - adjourned but dates still on calendar - valid?

Family Court in Kings County, Brooklyn - our case was adjourned but we haven't chosen new dates yet with the clerk and opposing counsel. However, our previous dates are still on the docket. Are those dates valid?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

The asker must await the adjourned date which the court will provide in a scheduling notice. Otherwise, we here do not know of any "previous" dates on a calendar, and cannot comment on what the asker must do as to those dates.

1 Answer | Asked in Family Law for New York on
Q: Hello! I live in New York but born in Puerto Rico, need help finding a P.R exequatur for birth certificate name change.

I was granted my petition to legally change my first & last name. I was born in P.R, birth certificate was issued in P.R but live in N.Y, are there any lawyers in NY who also practice in P.R that can assist?

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2024

I'm sorry your question remains open for four weeks. At this point, you could try additionally posting under Puerto Rico (click "Show More States, and Puerto Rico appears on the expanded list of states and territories). Another option is to check with local bar associations in both... View More

1 Answer | Asked in Child Custody and Family Law for New York on
Q: one parent moved out of state (New York) before the custody filing. How does this affect any custody arraignments?

How does one parent request a home study of one parent living outside of New York if it's suspected that the living arrangements are unacceptable and there may be child to child abuse?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2024

There is not enough information here to cogently answer this question. We are not told when the child left state #1 to state #2. We are not told which of the two states the custody filing occurred.

The duration of the child's absence from a state makes all the difference to the success...
View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: I'm in the process of going to court and asking permission to move out of state with my daughter.

What do I need to show that moving is in her best interest?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

We by no means can provide legal advice in particular cases. We are not the attorney for the asker and we know none of the facts. The New York court system is not an apparatus where one pushes a button and gets results as is the case, for example, in Pennsylvania. We here are an educational medium... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How does a judge know if crossmotions i was “served in hand” in court by opposing counsel, match the filings w/clerk?

I’m a pro se litigant in what seems to be a black hole of judicial laziness and systemic coercive control. Opposing party narration of “monster-mom” by my ex/his counsel/AFC; with ongoing slanderous lies against me &not a shred of “evidence”(doesn’t exist).i reside in PA;... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

The biggest mistake a litigant can make in a modern court of law is to fail to retain an attorney for her case. If not for the filings and trial, the pro se litigant requires an education in the folkways and mores of the modern American court.

This question highlights the naivety of the pro...
View More

1 Answer | Asked in Family Law and Child Support for New York on
Q: Why am I paying ex girlfriend lawyer fees... I wasn't married to her. Feel I'm not responsible to pay for her choice.

I pay court ordered child support. The court is taking half my Check every 2 weeks. I can't afford to survive anymore. Since they have been taking out My Ex's lawyer fees. I work 40 hours a week. Get paid every 2 weeks. Now since they take half my check...I make roughly 400 a week. I... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

It is not clear which state this question arises from, Florida or New York. Florida has two sanctions provisions that allow for counsel fees: as a need and as a sanction. If the basis is the custodial parent's need, then the court is bound to consider the non-custodial parent's ability to... View More

1 Answer | Asked in Family Law and Child Custody for New York on
Q: How would one win a relocation case? I'm hoping to move to Florida with my daughter.

I have full custody of my daughter. Her mother has returned after being out of her life after 8 years. My daughter is now 12.

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 3, 2024

You need to go to court for a relocation modification case. You need to show that moving would be beneficial for the child.

2 Answers | Asked in Family Law and Child Support for New York on
Q: If my daughter has moved out of home at 18, not enrolled in college as yet can I lose child support

My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.

Is he... View More

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Jan 27, 2024

If your child is no longer living with you then you are not entitled to child support, however, if there is a child support order, child support is legally continued until he goes to court to terminate the order. He can not simply stop on his own.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.