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Family Law Archives

When/how should/must I inform my husband that he needs to move out (prior to filing for divorce)?

Q: I am a working mother of small children. Currently my husband resides with me in the same home, with our children - a situation that creates a lot of friction that seriously affects our life. The marriage is not sustainable any longer, but I am not sure he agrees. I plan to file for divorce but am still researching the process before I make this move. My apartment lease will be up at the end of next month, forcing my hand at some decisions. I plan to rent a new apartment for me and the kids (in the same neighborhood) and to inform him he won't be joining us in this home.
1. Can I do this before formally filing for divorce?
2. Is there a time frame before the move by which I am legally required to inform him that he's not welcome into the next apartment? (he does have the option to temporarily stay with his parents, who live ~1/2 hour away)
3. I plan to allow him to see and spend time with the kids, daily, if he wants, but want them to primarily live with me. What happens with custody before divorce is initiated?

Do i need to appear to a 1034 hearing

Q: An ACS worker came to my home asking for me and the mother of my child since I have had a previous report on me which was unfounded I thought it best to record this conversation. As I went to video record the conversation she refused and walked away handing me her card not before asking if the mother of my children were home, I replied no. She returned A few more times. I asked what are the allegations and she did not tell me saying she will be back with a court order. I do not know the location of my kids or her mother cause she lived in California and I live in New York. Even the father of my step kids is calling me asking as well if I know her whereabouts. I can't contact her because of a order of protection in place so I'm puzzled why they are coming to my home. Another knock on my door and once again I take out my phone to video record my conversation she is with two officers and hands me a Order for Investigations SEC.1034 to produce the children or to go to court. I say I don't know the location of the children or their mother and allow the officers in to see no one is home but me. I am being accused of DV as last time and that investigation was unfounded What should I do?

Can ncp request a police escort to my residence for pick up?

A: There is no designated pick up or drop off location in my visitation court order. Ncp has been picking up and dropping off at my address related to the court papers. But now he wants me to meet him at any precinct. I have refused and stated that he needs to pick up from my home. He claims that he will have a police escort to pick up his daughter at his next visit. He is only claiming this since I won't meet him at the meeting place of his choice. Can he do this? What would be the point of having a police escort? This would probably scare my six yr old which I already stated but he doesn't care. He said he wants a police escort to pick up his daughter for him and if I don't let the police escort take her that I will be arrested for violation and kidnapping. Can he do this??

Is ncp supposed to pick up and drop off at custodial parent residence?

Q: The court order for visitation does not state pick up and drop off. All it says every other Saturday 10am-6pm for parenting time. Is NCP supposed to get his daughter from my residence? What is the default pick up/ drop off if judge never specified? He has picked her up once and dropped her off once from my address related to all court papers. But now he is refusing and wants me to go meet him at a police station. What is the default pick up and drop off?

Married to a woman for 6 years and was divorced. 20 years later I'm retiring. Paper says she entitled to 6 years retirement.

Q: I was married for 6 years, in my divorce papers it states she gets some of my retirement. She owes me over 30,000 in child support. Since she won't sign off her rights for my retirement, how much will she get and also how will that work since she owes me child support. What should I do ? 

Originally the child support was decided in NY court. Later mother moved to CT. Which court should I file the modification in?

Q: Originally the child support was decided in the Westchester Family Court NY. Later the physical and legal custody of the child was given to mother of the child who decided to move to CT state and thereafter leaves for India. Now to move for modification of child support, which will be the appropriate court? Whether westchester or court in CT? 

How do I get my ex-wife to contribute her 1/2 of our boys' medical expenses as well as their college funding?

Q: We have a divorce agreement that stipulates her responsibilities (see above). For 18 years I had medical coverage deducted from my bi-monthly paychecks She has never paid a dime in all that time. Also, the $40,000 dollars contributed to my sons' 529 college plans are also totally funded by me. She is now claiming her 50% of my teacher's pension (as is her right) leaving me in dire straits, financially. What are my options? 

After a Three Year Divorce proceeding I found out that the Judge's Son works where my ex-wife works, what do I do?

Q: After battling uphill in court for three years (New York County Supreme Court Matrimonial Part ) i find out (post trial) that the son of the Judge we were in front of was a member of the same faculty as my wife. It is impossible to believe that this fact, where his son worked 'slipped his mind' or that the numerous mentions of where my wife is employed somehow got past him.
Several times I asked this guy to recuse himself because of Bias, and was ignored.
Two complaints were made to the Commission of Judicial Conduct about his bias which were also ignored.
Now that I have found the basis of his bias, how do I fix this ethical lapse. Is Media the only way to go?

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