Family Law FAQ

Powered by Avvo.com

I recently had Acs come to my home because I called the cops on my kids father for assault..He is the biological father and was : He was arrested and released, he has to go to court in a lil over a month.,I decided on my own terms to drop the charges,but I was told by ADA that it's the judges decision..An order of protection was order for me by the judge, Now ACS wants to place a Order of protection to my kids,..I refused this too take place. They informed me it was the judge's decision if there's enough evidence..they are healthy kids no abuse.How long do I have to put up with ACS and can I or should I get a lawyer..

Asked 7 days ago in Domestic Violence

David's answer: The answer to your question depends on whether the case is in criminal court, or Family Court. If in Criminal Court, then whether there's an OP issued is up to the ADA & Judge - you'd need to retain a lawyer to intervene in the proceeding. If in Family Court, it depends on whether you're a named respondent or not. Either way, you may benefit from scheduling a consult with a Bronx Domestic Violence attorney for a full assessment.

Answered 7 days ago.

Can i move anywhere in the state without an issue with my child? : I know that moving out of the state with a child is hard. But i was wondering can i move within the state. I am located in the Bronx and would like to be closer to binghamton with family and all? Is this treated like moving out of state?

Asked 9 days ago in Family

David's answer: This may be treated as the equivalent of a relocation. The main issue is whether any proposed move would interfere with the non-custodial parent's rights of visitation. You're thus best advised to file a custody petition, making it clear witin the petition your intention to move. Schedule a consult with a Westchester Family Law attorney for a full assessment.

Answered 8 days ago.

Will I have to split the assets if she kicks me out a 2nd time if we already split them: My wife and I are separated she needs time to see if she wants to get back together.we are just going for legally separated so she can keep my benefits my company said she could . She wants a part of my assets now before she makes up her mind if she takes me back after I give her a part of the IRA what happens if she kicks me out again

Asked 8 days ago in Divorce

David's answer: I'd advise to have a separation agreement drafted & executed, making it clear what you owe her. Also provide in the agreement that a temporary reconciliation shall not invalidate the agreement. Schedule a consult with a Westchester Divorce attorney for a full assessment.

Answered 8 days ago.
See all of David's answers
Avvo.com View David's profile