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Bronx Family Law Attorney Archives

What can I do if the mother of my child does not allow me to take my child on vacation?

Q: I am not married to the mother of my child however I would like to take my son on vacation and she is telling me that she's not going to give me permission to travel. I have gone on vacation with my son every year but because I want to take him to Puerto Rico so he can meet my family, and she telling me I can't take him

My daughter was in foster care and adopted get custody of her ?

Q: My daughter was in foster care and then adopted but my ACS workers didn't help me and they were fired for other reasons now it's been 5 years I'm clean and stable and I want to try to fight to get custody of her can I do I even have a chance to win

Another Lesson about going with a "Cheap Lawyer"

It's tempting - I get it. One lawyer says he'll handle your case for a few hundred dollars - or charge per court appearance. Another lawyer's retainer is several thousand up-front. Since you don't know what you're getting, and money is tight, you rationalize to yourself that you'll be o.k. with the cheaper lawyer. After all, he seems like a nice guy, seems like he's been doing this awhile - what could go wrong?
I had a child support case in court recently where the Father retained a cheap attorney. The guy is over-loaded with cases, every single time the case is on in court, he always has multiple other cases. He appears disheveled and doesn't appear like he remembers the case. He even showed up on our last court date & called out his client's name even though his client was sitting nearby - indicating he had forgotten who his own client was!
Suffice it to say, this "cheap attorney" cancelled 1 of the court dates at the last minute - costing both my client & his own client a day off from work. On 2 other court dates he showed up to court approximately 30 minutes late each time - the last time the case was marked for a 10am time-certain trial & he showed up at 10:25 by his own admission. He didn't even bother to apologize to the Judge - apparently his sloppy reputation preceded him.
He tried "negotiating" a settlement with me. His negotiating tact: "Will you client agree to reduce any of the support amount?" When I said "no," he meekly replied "ok" and walked off to his client to "break him the bad news."
This "cheap attorney" did absolutely nothing for his client - except of course to cost him at least $2,000 (since he charged a flat-fee of $500 per appearance) as well as several days off his personal leave balance. Because of his intransigence and unprofessionalism, I had refused to engage in any settlement negotiation and got everything my client deserved.
Thus, while it may be tempting to go with a cheaper attorney, you also have to consider whether that attorney will actually end up costing you money.
Here's an analogy: Say you want to buy a car. You have a choice between buying a new car with an excellent performance rating. Or you could buy a used car, where you'll need to spend alot of time and money taking it constantly back to the repair shop. Which do you choose?
Well, if you literally can't afford the new car, that's one thing. But if you rationalize that "maybe you'll be ok with the used one" that's another. Point is that you may end up worse off with the used car - after factoring in your precious time & money (not to mention aggravation) - than with the new one.
Lawyers are like cars - there are used ones out there and new ones. Amongst the new ones, there are quite capable cars (Fords, Nissans, etc.), there are luxury cars (Lexus, BMW, etc) and there are certainly elite cars (Lamborghini, Ferrari, etc). If you make 6-figures, or close to it, you can - and should - afford a Lexus attorney. Otherwise, you may be stuck on the highway cursing at the Heavens that you made a bad choice later on! 

I have missed court dates due to random hospital visits. Does Bronx Family Court verify that these documents are true or not?

Q: my lawyer is a pain regarding medical documentation she claims is necessary for family court. i dont have any reason to lie but going back to the hospital to obtain that information isn't always easy or fast. i dont know how the court even verifies that i was there because they arent allowed access to my information (so i'm guessing). Can they verify the information i give them I.E- discharge papers or papers describing my ailment(s)

When do things become inappropriate?

Q: Hello, i am currently a mother of a soon to be 11 year old boy. I am no longer together with my sons father as of 7 years ago now. He's been very manipulative throughout the 7 years I've been in my new relationship. He threatened me non stop for moving on, and eventually went to court for visition rights to take the time my son spends with his stepfather away. This is what he told me out of his mouth. the court granted him every single right I have even if he hasn't been much involved in my son's life but now my son's life has been readjusted because of him. What he does during my son's visits is talk real bad about me. He bans my son from talking to me after 7pm whenever he gets him. My son always cries to go he told my child that he came out premature because I smoke when in reality I suffer from premature labora due to family history. My son is always crying. What can I do? I don't want to believe this is ok and that my son has to suffer and cry and hear inappropriate things about me he comes back angry and sad all the time. What can I do?

Still married to ex have a new baby with someone else how do i get the actual fathers name on the birth certificate?

Q: I am still married but we are not together and i have been in a relationship with another man for 4 years. We recently just had a baby but found out that his name will not be on our baby's birth certificate and my husband will be considered the father even though he isn't. How do i correct this and get the baby's fathers name put on the birth certificate and not my husband? A: David's Answer: Your can have the real father execute an Acknowledgement of Paternity. You should also follow-thru & file for divorce. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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?

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.

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. 

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