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February 2017 Archives

Can a Judge presiding over a divorce case order an ACS investigation ("COI")?

Q: My case started as a custody battle with my husband but then we filed a Summons and Complaint for divorce. Since the judge in FamilY Court also sits in a Supreme Court part - she took over the divorce case. She then issued an ACS investigation but, when I was looking on google, the ACS investigation comes under the Family Court Act -- does this mean that the judge wasn't legally able to issue an ACS investigation since it is now a Supreme Court divorce case and no longer under the Family Court Act?

Can a final order of protection against my ex husband and his mother determine my having sole custody of our son?

Q: I have a temporary order of protection from NJ courts, a full stay away from myself and my children. My ex husband and I are currently involved in NY family courts and because of the TPO from NJ, the judge in NY family Court couldn't order any visitation or custody orders. If I get a final stay away order of protection from NJ, will that determine my having custody in NY family Court? No orders are in place and if NJ sees him unfit, what can NY do?

Can a father have shared custody even if he was violent with the mother....would I have to get proof of his violent behavior

Q: He was very violent choked me twice threatened to kill me break stuff in the apartment but I never made any police report can he still have shared custody or visitation

Im 17 years old I have 2 Babys and i have a boyfriend age of 22 grandma dont want me can I move out??

Q: I have CPS but she dont do nothing only feels like it I have a baby girl 9 months and one on the way have a boyfriend who's 22 years old I'm 17 years old not the father of my kids but is willing to take me and the kids is it possible for me to move out with my boyfriend parents don't want me and nobody helping me but myself and my boyfriend??
A: David's Answer: David's Answer: If your parents are consenting to you moving out, and the place you'll be moving into has proper accommodations for the children AND you can financially support yourself and the kids, then I see no reason why you can't move out. Of course, from your posting it's unclear why CPS is involved, so this would need to be factored in. Schedule a consult with a Westchester Family Law attorney for a full assessment.

Can I get my name removed from birth certificate?

Q: My name is on the birth certificate of a child that is now around 12 or 13 years old. She is not my child my now ex wife has told the court the same thing that I am not the father. they started garnishing my check 1 year and half now I've been fighting it but nothing I just came across the real father information can I get my name removed if I put in a petition to bring the real father to court for a DNA?

Contacting a lawyer for constant electronic harassment, and stalking?

Q: constantly being harassed by individuals,by electronic harassment, and stalking?
A: David's Answer: If the "individuals" are not related or someone you had (or have) an intimate relationship with, then your remedy is to contact the police. Otherwise, you may consider filing for an order of protection. For more info, call a Bronx Domestic Violence attorney.

Is there a formal process to file a complaint against a family court referee?

Q: I would like to file a formal complaint against a family court referee. How do these complaints get reviewed? Would the referee be aware of who file the complaint? I think the fear of retribution is what deters some people from filing complaints against referees who don't serve the people as well as they should.

What can I do to help myself? If he already is making a statement regarding his doubting me, what the hell can I do?

Q: The gist of it is, my ex husband is violating the order of protection I have in place against him in order to make it look like in purposefully getting in the way of his court ordered visits with our son. The problem is, he continues to violate the order and his stance is that I'm fabricating the reports so that he gets arrested and misses his visits. He missed an entire month (January) because he claimed to "fear being arrested" due to a warrant. The judge is saying I shouldn't have him arrested anymore, what the hell? He says it looks like I'm manipulating the system and it's untrue.

OSC for contempt of support. Ex spouse financial disclosure is not credible. What happens now?

Q: OSC in contempt of CS & Alimony. Defendants financial disclosure submitted is not credible. How is this handled in court? 2013 tax return "fraud". Neighbor's residence reported on return, phony business out of residence, . All Tax returns are fraudulent, under Phony businesses.
Ex's Bank Statement Net Deposits Exceed his Tax Returns Gross Income. Bank Transactions show traveling out of country, dining, & entertainment exspenses. Excessive gambling. ATM withdrawls $1500- $2000 per month. No bills paid out of this account. Financial affidavit is a lie. 3 household incomes not reported, hardly any living expenses listed. No entertainment expenses reported. Sells 6.5 mill in real estate top 2% in of sales for national brand, public info. Mortgage broker too. Financial discovery not done. How do lawyers deal with financial fraud, financial documents that aren't credible? What do Judges look at to establish income?Should my Affirmation response to his cross motion be listed as filed on court docket? I am concerned it was not filed properly. Trial is in 10 days. I can not understand how anyone could work with fraudulent documents? I am drowning in debt with no support.

In a divorce settlement on what income do they base their alimony/child support deductions?

Q: In a divorce settlement on what income do they base their alimony/child support deductions? Based on what you made last year on your taxes or what you are currently making?

Is it realistic for the family court to remove the interest on a child support/money judgment order.

Q: I have a old support order that I have been paying on (thru garnishments) for over 17 years. This is paid to the Dep. of Social Services because my children were in their grandmothers custody and she was getting assistance. The child support order has been reduced to a money judgment. The original amount of the money judgment was 23k but, the 9% interest has a total of 33k so all together i'm told that I owe 56k. Now, I have been paying this for over 17 years which means that I am just at about a total of 34k paid out according to the NYS Child Support Enforcement Office. However, the record shows that I still owe 23k. I have petitioned the court to see if they would remove this interest which has prevented me from getting away from this buren. This seems unlawful for them to charge that much interest, haven't I made them whole and will this ever go away?

How am i a non custodial parent.

Q: How am i a non custodial parent paying child support while still married. Without ever having a custody hearing or any type of custody order ever entered in newyork. I reside in Maryland btw and pay and have paid my child support since it was entered im not a deadbeat or looking to avoid supporting my child but i have 0 connection with newyork. We were married in maryland our son was born in missouri why did newyork take the case if they werent going to handle divorce and custody but so quick to enter a child support order for title 4d funds.

In family court, can I have multiple active petitions at one time? ex: One custody and one child support at the same time.

Q: In family court, can I have multiple active petitions at one time? ex: One custody and one child support at the same time. Would I have to wait for the conclusion of one to file the other?

How can i remove my child's biological father from her birth certificate

Q: Hello i would like to know what can i do to remove the fathers from my daughter's birth certificate if he abandon her when she was 10 days old and has never been in her life.my daughter is six know and i cant even get a passport for her with out his consent.
A: David's Answer: To get the passport without his signature, you'd need a court order of sole custody. To "terminate his parental rights," you'd need to file an adoption case. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

How do I know if my lawyer is doing right actions on my case?

Q: I have a divorced case with one lawyer and we already went to the judge to do a settlement. I have a child with the my soon the be ex husband and he has stated under orth that he does not live with no one. The first time and only time I let him take my child over a vacation week. I find out that he not only living with someone but that he is getting married. plus during that time he did not let me speak to the child or let me know what was going on during the week of the visit. So when my child return I went back to my lawyer to see when can be done because the father is not listening to me and is not going by one his half of the supplement. My lawyer told me that I had to my more in fees and make a document to state what was going on the judge. I agree but now it is two months later and nothing is happening. I just want to make sure that what is happening to me is ok and if not what can be done.

Motion to vacate paternity. If no attorney can help. At least can one help me draft a motion.. I need help..

Q: Recently i submitted a petition of paternity. But once in the court i realized that the petition was the incorrect way. For a paternity motion to be granted it has to be at the begining of birth or so many days or months after. In my case i signed the birth certificate and am asking for one 13 yrs later. Now my motion to vacate paternity is not to vacate child payment. It for removal of my name as the childs father.. As i look at more cases similiar to mine. One word or sentence keeps coming up. And it's the best intetest of the child. . In a case in Kentucky a father has to prove that he is not the father and once he does and the results are in and it read that he is not the father all child support payment stops and he is declared not the father. Only state the in country that allows this. So back to best interest of the child. I understand that certain situation can affect a child dearly. So the courts try their best to accomodate the well being of the child. So for example if i had spent a significant amount of time with the boy (13) yr old now,Then i can see how me removing myself can harm him psychologically. But the child doesnt know me. He knows who his father is.

Modification of visitation and/or custody.

Q: I have sole custody of my 4 year old. My ex husband has been institutionalized, is on long term disability and has severe mental health issues. He has filed an order to show cause for increased visitation and also a change in custody. He currently receives one hour of supervised visitation a week. I know how unpredictable the court system is. I am terrified for my child...

Can I protect my toddler from being talked to sexually by other parent's family if there is already a custody order?

Q: My toddler is repeatedly being called "sexy" by one of the maternal grandparents, i know which one. There is already a custody order in place. I don't want to wait to see if my daughter gets molested to do something. If the other parent is willing to leave the child in the care of the abusive grandparent, what can I do to prevent this from happening?
A: David's Answer: I'd suggest first to raise your concerns to the other parent. If the other parents dismisses your concerns, consider filing a modification petition to provide that when the non-custodial parent is unavailable to care for the child, your relative or chosen caretaker should take priority over his parents. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

Am I responsible for wife's legal expenses related to me filing for divorce first in White Plains NY

Q: I filed for divorce from my wife in White Plains, she may or may not represent herself. If she does get an attorney, am I responsible for any of her legal fees. ???

Can provisions (e.g. refrain from communication) be added to a local Criminal Court Order of Protection by an NY Family Court?

Q: I have an order of protection against my ex-wife from a local criminal court barring her from committing additional offenses against me and not possess firearms, and I was wondering if a provision for no communication or contact could be added by the family court to that order of protection?

What can I expect to happen at a preliminary proceeding for visitation

Q: The bilological father is a asking for visitation rights after 5 years later and he wants to change my doubters last name to his but she has my patners last name since he has raised her since she was born. What can I expect ??
A: David's Answer: If the child hasn't had any relationship with Father, then I'd highly suggest that you request his visits to be supervised at first, so that the Court (& you) can ensure the child acclimates to being in his presence. You may also wish to consider having your partner adopt the child (which would serve to terminate the Father's parental rights). Schedule a consult with a Westchester Child Custody attorney for a full assessment..

Can I move out of state with my children of which I have full custody of.

Q: I have full legal custody of my 3 children. I am working on my divorce but I am very low on funds and my ex stated he was not going to pay for the divorce and he only has visitation every other weekend with the two little children for one day from 5 pm Sat to 5pm sun. 
My oldest does not want to have anything to do with him and this is stated in the visitation agreement it is up to my son and he chooses not to visit. 
At this time I am unable to work do to injury in my legs. It is to a point I have a home aide to assist me. 
Financial he is not paying child support fully and one of my children has Autism. My family flys in as much to assist me but it becomes a burden on them as well. 
My family would like me to move to North Carolina with them so they can give me and the children the support we need. 
There father has forfeited three visits in a row, the last time they have seen him was in the first week of December and we just got the agreement in September. 
I would like to know can I make this move so that my children and myself can get the assistance and family support that we need. 
A: David's Answer:
 Rather than filing for divorce right away, I'd advise you to proceed in Family Court first. Family Court moves quicker on custody issues & is better set-up to accommodate those who can't afford a high amount of legal fees. You should file a petition seeking permission to relocate. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

My husband and I have not lived together for over 10 years

Q: Are we considered separated.
A: David's Answer: You are certainly "separated" informally, but legally you are only "separated" once a valid separation agreement is executed, or a court decree of separation is issued. If you've been separated that long, it may be time to cut the cord & file for divorce. Schedule a consult with a Bronx Divorce attorney for a full assessment.

In New York State, can my ex go after my current husbands income in regards to child support?

Q: Currently, my daughter resides with me as she has for her whole life. There's been no custody hearing, we never married either. I will be marrying, not her father, in April. Her father claims he can go for child support once I marry because of my future husbands income and since I don't work due to being on disability and might not work when we marry. He claims a judge will look at my future husbands income as mine. Is this true? Her fathers income far exceeds mine from social security. Also claims since he sees my daughter he does not have to give me as much as he does. There is no child support order either, I assume the money given is looked at as gifts since this was only a verbal agreement and has dropped multiple times.
He is trying to get my daughter to live in his home in order to not give me money to raise her and try and take me for child support and my future husband. Does my future husband count in all this? Does my future husband have a say? Does the father have a right to go after his income even though this is not my future husbands child?

Change in county jurisdiction for family court?

Q: I have sole legal custody of my 4 year old. My ex husband does not know where we currently live because he has severe mental health issues and has been on long term disability. He recently filed the case in the county where I used to live in NY. He doesn't live in that county. Can the jurisdiction be changed since I don't live there and be placed in my new county. Please note, I used to be a resident where I am currently residing and my matrimonial and post matrimonial was litigated there. I am afraid. Currently, he has therapeutic supervised visits. My new location has had no affect on visitation. I am hoping to have the case in Westchester since the law guardian we had is very familiar with the case.
A: David's Answer: Yes - the procedure would be for you to file a motion to change venue. Accompany that filing with a request that your current address remain confidential. Once venue is changed to Westchester (or perhaps in advance), you should schedule a follow-up consult with a Westchester Child Custody attorney.

Can acts open a case on me even if both parents is in the household?

Q: Acts put me involved with a case against both parents and my kids is 17 and 21 and don't even stay with me and I still take care of my kids and they feel I'm suppose to be taking care of other people kids and not mines.
A: David's Answer: I believe you mean "ACS." That said, ACS may consider you to be a "personal legally responsible" if you have any care-taking responsibility over the children. Schedule a consult with a Bronx Family Law attorney for a full assessment.

Divorce

Q: I live in Westchester County, New York have two children and I am filing for divorce from my husband, and we have been married for 10 years. The reason is because 6 weeks after we were married I found out he had a child a 6 weeks old baby. I stayed in the marriage, about two years ago found out he had another child with the same girl and this child was born in 2008 and I found out in 2014. I stayed and tried to work it out but now I want to end this relationship. I wanted to know if I am able to get an immediate divorce or do I have to be separated for a period of time. No property or debt just we have two children together and we already have a child support order

WHAT KIND OF DIVORCE CAN I FILE FOR

Q: LAST KNOWN ADDRESS FOR MY HUSBAND IS IN FLORIDA DONT KNOW WHERE HE IS . WHAT KIND OF DIVORCE CAN I FILE FOR ?
A: David's Answer: It's not so much the "type" of divorce you'd file - it's that you'd need to do a diligent search to locate him. This usually entails hiring a P.I. to conduct the search - and may ultimately involve publication notice of the summons. Schedule a consult with a Westchester Divorce attorney for a full assessment.

How to get a cheal divorce

Q: I'm a disabled woman on low income been seperated for nine years been married for ten in a church he moved mexico cant find him he has other kids thru social media i live in nyc
A: David's Answer:
You'll need to shop around - attorneys fees vary widely. Nevertheless, the Courts usually require that he be served with the papers. Schedule a consult with a Bronx Divorce attorney for a full assessment.

I want to put in a motion to vacate paternaty.

Q: I was married,ex wife had a child from another man. I signed the birth certificate. Now this was in 2003. Since the child's birth i've only seen him 2 times. Only as a baby. The child doesnt know me or if he sees me wouldn't know who i am. Now i understand that in the eyes of the law im the father and the courts looks out for the best interest of the child. Now i understand if i played a role in this child's life. That removing myself or just not being in his life can affect him. But i played no role in his life. My ex gave dss in ny my info and im paying child support through dss. I only pay 50.00 a month but i do that because i dont want loose my driver license. I never knew i had child support till i moved back to ny. I was never served. I took that issue with the magistrate in yonkers,but she didnt believes that i was never served. Mind u i was living in puerto rico for 14 yrs. Now i need to file a motion to vacate paternity. I dont have money for an attorney. Im filing the motion on my own. Now like i said the kid is 13 yrs old. I never ever spent anytime with him. What are the chances that my motion is granted?
A: David's Answer: Given the age of the child, the fact that you were previously before a Magistrate & didn't (apparently) formally raise that issue, and given that you intend to proceed without a lawyer, I'd humbly suggest you play Mega Millions - your odds may be better there.

Can I receive a child support modification in NY?

Q: I have a 2009 stipulation with a doctor that was making less than 118k and my daughter is in college. I have just found out that he had a major inheritance over 200k and lives in a 1 million dollar home he paid for in cash. I can prove he makes in taxes 160000 . My daughters expenses have increased especially since college and I'm a stay at home parent with a disabled child.
A: David's Answer:
Your issue will depend on a review of your agreement - if it was executed prior to Oct. 2010, then the old law generally applies for modification of child support done pursuant to agreement (meaning you'd have to prove an "unanticipated change"). The agreement, however, may provide for other bases to modify the support and/or may treat college or educational expenses as an add-on to the basic support. Schedule a consult with a Westchester Child Support attorney for a full assessment.

What should my father do if support is being taken for children he has supported? Even after death of child

Q: My dad is paying over $100,000 in arrears to the state of N.Y. for children he has supported throughout their lives even after my sister's death they're still talking the money. He receive ssdi and have not enough money to care for himself. What should be done???
A: David's Answer:
Assuming the arrears accrued pursuant to an order which existed before the death of the child, then he'd have to pay-off those arrears. If there's an ongoing order of support, however, he should file a modification petition & produce a copy of the death certificate to the court. Schedule a consult with a Bronx Child Support attorney for a full assessment.

How can I stop back child support areas from the 1980's

Q: I have been paying child support for my son whom is now 29yrs. Old. I have been paying back child support payments since the 1980's. Back then I never kept receipts as the mother and. I agreed I would provide clothing and give her money $75.00 monthly back then. Now I receive social security and if I want to work child support is still being taken from me. What can I do to stop this ?
A: David's Answer: Arrears are collectible until they're paid-off. If you wish to prove you paid more than you're being given credit for, file a petition to adjust arrears. Schedule a consult with a Bronx Child Support attorney for a full assessment.

Is there a way to retain my legal right for custody of my children without going through a formal custody process?

Q: Wife left marital home with me and our 3 children and informed me that she might pick up the kids later and seek custody when she is settle in new state in the future. She kept contact with the kids so I understand is not abandonment in the legal sens. Hoping for a reconciliation but not wanting to loose out if she come to pick up the kids later, I am looking for a legal way to make some sort of "declaration" that I have full custody without formally starting out the custody process. How does a dad can guarantee that he will retain such a custody without going through a custody process? Wife has left home 5 months now.

Will Bronx(NY) Supreme Court confirm Final Visitation Order, issued by Bronx Family Court?

Q: I have 6-years son, and got Final Visitation Order issued by Bronx Family Court one month ago . My wife does not like this order. But will Bronx(NY) Supreme Court confirm it or will change it?

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