Get free answers to your Family Law legal questions from lawyers in your area.
Can I file divorce on my own or will I need the assitance of a lawyer? Both my husband and I agree to an uncontested divorce, child support is not an issue as husband is not the father.
answered on Jan 24, 2024
The problem you will have is that any child born during the marriage is considered a child of the marriage. You should speak with an attorney before filing for the divorce.
The day before my 18th birthday, my father filed a family court order of protection against my boyfriend (26). Now that I am a legal adult I got the order of protection vacated because of the reason that the allegations did not constitute a family offense. On the order of dismissal paper it says... View More 
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answered on Jan 24, 2024
Yes and no. The two broad issues appearing here are the reach of the New York order of protection, and its coverage between people. Let's start with reach.
The New York Family Court Act Article 8, specifically in §812 lists the interpersonal crimes that give rise to an order of... View More
This is in Jefferson county/Watertown city. The city clerk said it was a legal question and to ask a lawyer, but I only asked for the form to file. I've seen the forms for other counties like Ulster and Dutchess, so I know it's not just a NYC thing.
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answered on Jan 24, 2024
It is a shame that government mediocrity roots itself most firmly in our court system. Here, the asker troubled himself to find a form, inquired of a professional in the court system, and was rebuffed by being shooed away to ask a lawyer.
Lawyers know nothing of forms especially in New... View More
Married in 2022, baby in 2023. Wife blocks husband’s family from phone and social media because they are trying to help. Wife controls everything.
answered on Jan 15, 2024
Going to rehab in and of itself is not abandonment.
My Dad passed away in 2021. When my Dad got sick, my stepmom completely cut communication as my Dad was completely reliant on her. I reached out to attempt to keep the communication going but she blocked me on phones, Facebook, and email as far as I can tell. I found out on Facebook my Dad died.... View More
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answered on Jan 13, 2024
If the photos were not specifically left to you by your father in a Will or Trust, the surviving spouse will have primary rights to household effects like family photos.
Has not allowed me access for three weeks she filed a form for modification of visitation -
answered on Jan 8, 2024
You should file a cross petition for violation. Speak to a lawyer.
In regard to change of circumstances factors for consideration, preponderance of evidence, relevant facts/evidence &affidavit in support of my petition to modify custody & OSC motion; I’m not sure how to articulate my question but here it goes: I have pending custody litigation for... View More
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answered on Jan 1, 2024
This rather convoluted question points out quite simply that New York does not list factors for courts to use to determine either initial awards of custody or modifications to custody. Other states do use listings of factors that their appellate courts required in all orders of custody. New York... View More
against me in arctic al 10
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answered on Jan 1, 2024
No. The conflict would be if the judge in one case became the asker's attorney in a similar action (using knowledge gained in the first action against the government in the second action). These are not the facts here. It appears the judge became the prosecutor (corporation counsel in New... View More
I work as a travel sales agent specializing in Disney and Universal. It would be beneficial if I lived in Fl near Disney and Universal. Could I bring that up in family court as my reason to move, for my job.
The mother has every other weekend visits with my daughter. I have full custody.... View More
answered on Dec 30, 2023
You need to show why it is the best interest of the child to relocate, not why it is more convenient for you. You should be prepared to show what would benefit your child (schools, safety, etc).
We have a separation agreement that contains child support agreement . It’s only noterized and he won’t pay it tho he signed it . Can I just ignore the agreement and take him to child support court so the child support comes out of his checks ?
answered on Dec 25, 2023
Yes. You can certainly take him to court for child support. The agreement you made can be used as evidence of intent. See an attorney.
We have a 5 month old daughter & he is now currently in jail for attempted murder . I know this sounds crazy but I don’t want him to be away from his daughter for so many years is there anything I can do ? Like if I drop the order of protection will that minimize his sentence? Is there anyway... View More
answered on Dec 24, 2023
This should be posted in the criminal law section. However, the order of protection plays a very small part of the case.
We’re in the process of a divorce. Had a settlement agreement which included child support payments noterized but it’s not incorporated into the divorce yet because it hasn’t seen a judge. He’s not paying child support.. can I take him to court for it ? Or not till after the divorce sees a judge ?
answered on Dec 24, 2023
An agreement that is not a court order is not enforceable in Family Court. You need a court order. In your divorce you should have requested an order from the beginning. You should speak to your attorney.
Current custody order originating jurisdiction is Nassau county NY, I reside in the Commonwealth of Pike County PA. I would like to REGISTER my current custody order in the event it requires enforcement. Court order: JOINT LEGAL CUSTODY, Father= physical custody (NY), I have visitation (making me... View More
answered on Dec 18, 2023
You can register the order but the PA courts won't have jurisdiction as the children reside in NY and anything related to custody/visitation will take place in NY as long as the children reside here.
Things are contentious. He has a history of gaslighting, verbal and mental abuse, and making threats to kick her out of the house even though she's on the deed. She was working as his office manager, and he fired her and canceled her health insurance. She has no income (starts a new job on... View More
answered on Dec 8, 2023
Who is on the mortgage is irrelevant. The deed shows ownership. She has as much a right to live there as he does. If he is harassing her and making her feel unsafe, she can file for an order of protection from the family court. Have her contact a lawyer to discuss her rights.
My child support is being increased in a few weeks but my child wants to live with me when turning 18 in a few months. By then child support will have already increased. Can I modify it after it goes up right away or do I have to wait? I can contest before the increase but my child doesn’t live... View More
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answered on Nov 19, 2023
In cases where child support is adjusted due to a cost-of-living adjustment (COLA), you typically have the right to request a modification if there is a significant change in circumstances. The impending change of your child's residence to your home certainly qualifies as a substantial change.... View More
I have been with my domestic partner for about 10 years. I have been in adriyels life (the child i want to adopt) since he was born. We have lived life like a normal family (He is my mothers favorite grandchild) His father has not been in contact since we called the cops on him for not bringing... View More
The person is married and has children, lives in New York..
My wife’s mother passed away. We are not sure if her bank account had a beneficiary or did she have a will.
Her mother is legal married..
would happen to her bank account now that she is deceased?
What... View More
answered on Nov 15, 2023
Depending on the size of the account the wife needs to file an administration proceeding of some type.
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
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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
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
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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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answered on Nov 8, 2023
If you wish to remove your boyfriend from your home and he is unwilling to leave voluntarily, you will likely need to follow the legal eviction process. As the owner of the property, you have rights, but so does he as a resident, even if he is not on the lease or title. In New York, you must... View More
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