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April 2017 Archives

Can I leave state with my daughter if me and her father Aren't married and things aren't looking to good in our relationship?

Q: I wanted to know will it be okay for me to go live with a family memember to get myself together and make things better for me and my daughter in another state, will/can her father file a kidnapping case on me if I do so. I do not want to get into trouble for leaving the state but again I need to do what's best for me and my daughter. Me and her father aren't married and I wanted to know will that be a issue if I live state?

Can I file a restraining order against the non custodial father on behalf of my 4 yr old child... for parental alienation?

Q: Her father has abandon my daughter and I in Nov 2015 and last physical contact for a few hours was 1 year ago... he has no contact no phone calls or anything... he sent Christmas presents that I sent back the last 2 years as my child says she just wants his love not presents (she's 4) wise beyond her years... he filed for custody and said I was an unfit parent(I'm an ER RN certified in adult & pediatrics) and that my daughter's safety is in danger... the judge did not buy it and it was adjourned till July 19th... he called ACS...he's a detective and constantly left his service weapon lying around with my then toddler around and had me carry it around to the movies... and such... also he assaulted me with my 14 month old in the house... and when he left he tortured us in that house till we moved... cut the phone lines/cable/ washer/dryer and poured water down the stairs on exit/entrance to the apt in 10F cold... I call 911 everyday from that...my daughter is mentally tortured due to his alienation... I fear he would try to take her... he hasn't tired as he would be an idiot with 19 1/2 yrs with NYPD.... but I don't know how to protect my child please help!we are in Brooklyn fam co

LEGAL DEFINITION OF WHAT IS CONSIDERED ALIMONY AND CHILD SUPPORT

Q: Can goods and services be exchanged in lieu of alimony or child support? My ex decided that he has paid for other things, I never agreed to nor does he have the receipts for these items with my name on it. He has also claimed that the checks written out to cash and endorsed by himself was money paid to me. No depisit shows on my bank statemenI. I know he never gave cash to me. He would really be considered a foolish Banker being in the industry to do something like that. It seems almost outrageous to me. Especially knowing the conditions in which I live because of him not paying alimony and child-support,

Can I have my child support case moved from Manhattan to the Bronx for a new hearing?

Q: Before I was granted custody of my two children in 2016, a child support order was made in 2015 in Manhattan by social services. The order is for $92 per month which is absurd and not even 17% let alone 25% for 2 kids. I would like a new hearing in the Bronx where the children and I have resided for almost 6 yrs. Is this possible or am I stuck with the same judge whom I feel has an ex parte relationship with my ex?

Custody visitation

Q: My ex is violating the custody / visitation order from our divorce. She is not letting my pick up the children on the set forth dates. What do i do to get my children? I do have the court orders. Thank you in advance.

Can a judge make me get a full time job if I'm working part time now?

Q: Reason why I'm asking is because, the last time I was in court. The judge said that I have to get a full time job. I want a full time job. But the one i went for checked my background and they stated I have a open criminal court case in Bronx county. They said once it's over we will take you.. Which is true. But that same case is for child visitation. Yes, it's weird. I have 2 court dates. One for child support and 1 for child visitation. Child support in family court. Visitation in criminal court. Mind you, I have no criminal charges.

Can I receive child support under a joint custody arrangement?

Q: Spouse makes 2.5 to 3.0 times my income each year. We want our child to have equal time in each home (for our child's sake). Might I be able to get some level of child support? Or a reduced obligation to pay our child's costs - for example our child's prep school tuition?

Do I continue our visitation schedule before custody case begins?

Q: I have had my daughter living with me since we split (never married & together for one year) my daughter is now five and lives with me and my fiancé. I recently filled for sole custody, and the court day is not for a few weeks, normally my ex is hostile towards me and will not pick up or drop off our daughter to our new residence (it's 25minutes away). But my fiancé has been doing all the drop offs so that our daughter can see her mother. Do we continue as "normal"?

Ncp always dropping off at a different time

Q: My daughter father and I do not have a court order. We used to have one but it was cancelled when ncp failed to show up to a hearing. The ncp is supposed to bring our daughter back at the agreed upon time of Sunday at 4pm (every other weekend). He ALWAYS brings her back at different times. Sometimes its as late as 6pm and sometimes its as early as 1pm. This is frustrating since I cant plan my day correctly. He will text me Sunday morning telling me he is bringing her back at 1:30pm and then get to my place at 1pm. Or he will text me at 4pm and tell me he is bringing her back later. The inconsistency is frustrating. If we have a court order will he be allowed to do this? I have an infant with my current partner and I need to be able to have a schedule so that I can make sure my baby is ready to bring downstairs to get my oldest daughter.

Will the mother win the custody?

Q: For the last 2.5 years my boyfriends son has been living with us, going to school in our district. The parents have joint custody from a few years ago, but they had a written agreement that he would have His son primaryily for school weeks and her on the weekends and summer & unfortunately in our move we lost that paperwork amongst other things. I myself am a business owner & work from home and my boyfriend has a full time job as a concrete operator and is the parent that provides insurance for the child. The mother of the child doesn't work at all during the week and works in the club doing god knows what on the weekends while she has the child. The child is now 8 years old. Since school started she doesn't know what he's learning hasn't went to the school barely has had him on the weekend when she's supposed to hasn't been bought him anything for school needs. Now her and I had words about all her actions there are many more than I can list. She is keeping him away from us, taking him on a trip without the dad permission, bringing him to school late, blocked us, we are communicating through family members. We just don't know what to do and we don't want the court to favor her.

What do l do if my husband moves his girlfriend into our rented apartment. He has a child with the girlfriend

Q: He had an affair 2016 and now there is a child out of that relationship. Can l get the courts to evict him and the girlfriend out of our apartment?A: David's Answer: If I understand you correctly, he's moved his new girlfriend into the same apartment that you live in as well? I'd think under such circumstances the court would grant you exclusive occupancy. You'd need to file for divorce & then file a motion for same within the context of a contested proceeding. Schedule a consult with a Bronx Family Law attorney for a full assessment.

I am pregnant by a married man. Is he and his wife liable for child support or only him?

Q: I got pregnant by a married man and now he denies being the father because his wife found out. Can I do a paternity test now and are they both liable for child support since they're legally married?A: David's Answer: You can do a paternity test upon the birth of the child - simply file a Paternity Petition with your local Family Court. As for support, generally only his income counts for support purposes. Schedule a consult with a Bronx Child Support attorney for a full assessment.

Do I need criminal lawyer or personal injury lawyer

Q: NYC. I have joint legal custody. Perfect visits 4 years with daughter than mother & I had argument & she won't let me see child. I filed contempt & now she is saying I touched child way before visits started and & on last visit in court. She has no proof. I have proof she did this before & child told therapist/acs never happen. She even just called me child molester in front of my daughter in courtroom waiting area at last hearing in court house. I have family court lawyer but do I need criminal or personal now? I have all documents proof pictures video etc for last 6 years now.

Are temporary orders of protections served to the respondent?

Q: I filed for an order of protection about two weeks ago. I got a temporary order of protection until the hearing in two weeks. I want to dismiss the order of protection because we decided to work everything out. I want to know if a temporary order of protection is served to the respondent. I don't want the order to be served because he is suicidal and I would like to protect him from harming himself much more during this time in his life when he is going through so much. I called the court and they told me that I can just miss the hearing and it will be dismissed, but I just want to know if it will be served to the respondent although it is temporary for these two weeks only. I need help. I am regretting even going to file because now I can't even sleep thinking that he will do himself harm once it is delivered. Someone please help me out. Will a temporary order given until the hearing be delivered to the respondent? 

How can i terminate my daughters fathers right if hes had visitation always and yet its been 3 years since hes had contact?

Q:  My daughter is about to be 7 years old but has an advanced mentality which in this you'll understand why is it i expressed that. I have joint custody with my daughters father and my maternal aunt she has physical because i was supposed to pursue a career in the army reserves. I did not go but i did not file for the modification of custody to be returned to me because i am trying to ensure i have reliable housing and employment. I've been with my child in every aspect school finances doctors everything. My daughters father has not tried to contact my aunt in reference to our child since she was 4 I dont allow anyone including myself to bad mouth her dad whenever shes asked i told her hes working i'm sure if he has the time he'll come....My child is about to be 7 in may and now tells me i don't miss my daddy anymore and i don't want to see him... I always wanted her to create her own aspect and feelings towards him due to the fact i did'nt want my past with him to smear his image as her father...I am recently married but my daughter adores my husband he has been in her life since she was 4... She understands thats not her dad... 

What is the procedure in New York for filing for emancipation as per a divorce agreement?

Q: My daughter is now 22 years old. This is the age that the divorce agreement says that she will be emancipated. She is finishing college in May 2017.
What legal procedure must be followed in the New York courts to enforce the divorce agreement and terminate the child support? 

Can I expedite the divorce process if my husband was the one who filed?

Q: Husband filed for uncontested divorce since 2015 and to date, nothing has been finalized. I want to move on by remarrying and I have to be delaying the process. Is there a way for me to expedite the process even though I wasn't the one who filed? 

How soon can i submit a child support modification? And how would it impact me with a change of employment.

Q: I have worked for a health-care corporation for about 8 years and i make about 40k a year. Just last week i was hit with child support at a monthly rate of 740 a month. An amount that everyone in court is still surprised and in doubt with. About two years ago i got my child's mother a job working at the same corporation i work for. She makes 54k a year. Whats making my child support bill so high according to my attorney. Was the 45 percent of child care cost that she claims she pays. Overall, i am facing living in New York city with a net income of 1100 a month. Which we all know is impossible, just my rent alone is 900 a month (all expenses clearly verified in the affidavit). Im considering a change of employment. Something that gives tips and earned income could be proven in court at no more than 15k a year. How will this impact my modification request. And how would this also impact the 45 percent of child care cost expenses that the judge included as additional amount of child support dues? 

Can I get temporary custody of my son?

Q: The mother of my son was renting a room in an apartment and everyone was evicted from the apartment. She decided to place herself and my son in a shelter. I don't feel that me being his dad my son should have to live in that type of situation. I would like to know what is the right way to go about this so that my son can live with me until his mom is in a stable situation. 

How to reply to Ex not agreeing to one part of a visitation order modification letter.

Q: My ex and I are trying to agree on a visitation order modification. She has submitted her letter to me outlining the adjustment but I do not agree with one part of it. I would like to reply to her in a short and simple but respectful way letting her know that I do not agree with one part of her letter. I am not very good when It comes to drafting up well worded responses especially when it comes to legal matters. So if anyone can assist me with how to word a reply in a short 1 or 2 sentence that would be greatly appreciated.

Can a non parent get rights in a lesbian friendship?

Q: A lesbian friend helped inseminate me and I conceived, she's not on the birth certificate nor has she adopted the child. I said I would allow her to see the child here and there but she's been harassing and demanding to see the child when ever she chooses to do so. 

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