She wouldn't take no for an answer. Forced her son to be exposed to COVID. Now does the father have the right to keep the child until he fully quarantines?
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answered on Nov 22, 2023
if the child is exposed to COVID and becomes sick, the parent who forced the child to take the child could be held liable for the child's medical expenses. Additionally, if the child is exposed to COVID and then infects other people, the parent who forced the child to take the child could be... View More 
I left this higher paying job due to the stress levels and hardships of being understaffed and working mandatory overtime. This job was a new experience to me. I held on for 2 years, until COVID hit, we lost many workers, but kept the same workload. I was approved of a promotion that I didn’t... View More
answered on Jul 17, 2021
You can not voluntarily leave a higher paying job, for a lower paying job and expect a decrease in child support. Your income will be imputed based on your capability to earn, not your current earning. That is the law.
My ex and I have been going back and forth to court in NYS for over 8 years. Last year, a magistrate ordered a 750$ monthly obligation and awarded me 14K in arrears due to non-payment. My ex was found in violation for chronic non-payment of a previous support order, and I was also issued a 5K money... View More
answered on Jun 1, 2021
That he feels that $800 a moth is too much is not a basis for a modification. Additionally, you can point out that at least part of that is payments for arrears and that cannot be changed.
It’s not safe to bring my 1 year old to a jail with the virus going on. He’s threatening to take me to court if I don’t bring my child there.
answered on Jun 1, 2021
It is possible to get visitation in a prison. However, your first problem is to establish paternity. Without paternity being established the courts will not order any type of visitation or contact.
The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... View More
answered on Feb 28, 2021
The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... View More
I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... View More
answered on Jan 31, 2021
The order is the order and must be followed as written. There have been several reported cases which say that. You have the right to file a violation petition and a writ to get your daughter. In the end, it will be up to the court to decide if the mother had the right to withhold your daughter.
I need a matrimony attorney. My ex reopened a case to have me out of the condo he owns however he let me stay here. The divorce papers back in 2013 had a rental agreement. Please advise. I need time or need to fight this. Lived here for almost 20 years.
answered on Dec 1, 2020
Hi.
Much, if not the entirety of this matter may have to do with the terms of that agreement. Other than that, existing law may afford tenants some rights and protections against landlords under certain circumstances. An attorney cannot properly answer this question, however, without... View More
answered on Sep 8, 2020
The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.
The court case was started in KY because of ex husband. My lawyer in KY is not contacting me when court is in session. They have not put my daughter on the custody or support case (born Feb 2020) and my ex husband is lying to the judge about the circumstances of myself and my son moving back to NY... View More
answered on May 29, 2020
It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be... View More
Regarding to children's schedule during holidays and birthdays. The signed temporary court order (expired) has no mentioned of parent's birthday, only Thanksgiving and Christmas. Ex-wife chooses when to use draft or signed court order to her benefit. We also agreed to change schedules... View More
answered on May 28, 2020
Unless the draft order is one that was done on consent of by court order, then the signed temporary order controls. Temporary orders expire only if they say they do or the events in the order have already happened. You should also be aware that due to the courts being closed, all temporary orders... View More
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