December 2016 Archives

Q: I was served divorce papers on Dec 14, 2016. He filed it on Nov 18, 2016. On Dec. 18,2016 he posted pictures of his wedding.
David's Answer: Assuming you were served in NY, then you have up to 20 days to serve and file an Answer. If you were served outside of NY, then you have 30 days. Schedule a consult with a Bronx Uncontested Divorce attorney for a full assessment.

Q: My daughter is owed over $31,000 in back child support and the father asked me to drop the order by settling for 10,000 and 5 lump sum payments not equaled to what is owed. He has only made 5 payment not equal to the amount issued via the court order which is $600/mth. What would you advise?
A: David's Answer: He appears to be playing games - if he has $10,000, he should use it to pay down the arrears anyway. The Court can ultimately send him to jail for failing to pay child support - all the more so if the Court finds out he's trying to extort an agreement out of you. Schedule a consult with a White Plains Child Support attorney for more info.

Q: My ex and I share legal and physical custody of our child with her having last say in important decision making and also has primary physical custody. She has always acted as if she has sole legal custody and never consult with me when it comes to school, medical and other. She has been verbally abusive to me once before in front of our child during a transfer and now she is denying me to see my child altogether even though I was supposed to have him for the holidays. Should I tolerate this longer until she does it again or can I go to court for contempt now?

Q: One day I went to the hospital and I took my son with me and since I didn't have my cell phone my son was taken into ACS because I didn't have a way to reach to someone to come get my son in the hospital. I was diagnosed with schizophrenia and ACS was charging me with negligence and they didn't want to give my son back to me. My family came to NY to help me out my mom wasn't clear to take my son but my aunt was so they gave her temporary custody of my son. He came out of the foster home and like two months later I gave her full custody of my son because they were still saying that I wasn't capable of taking care of my son so I gave her the custody. Now I would like to get custody back of my son. Would this be a difficult since they have in their files of my mental illness but since then I haven't had any mental break down.
A: David's Answer: You would likely need a report from your current therapist opining that you've made sufficient progress in treatment to allow you to re-gain custody of your child. The burden is ultimately on you to prove the change of circumstances. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

Q: An ex of mine has a protective order against my wife and she (my ex) has contacted my wife on two occasions since the protective order. My ex lives in Bronx, NY and my wife and I live in Connecticut.

Q: child support order in effect for 2 children (now 19 & 21). is the 21 yr old emancipated and do I have to continue paying child support for her. I sent a letter to the agency and the reply was "it is unallocated, and doesn't have an effect on the order".
A: David's Answer: You would need to file a petition for modification, based on the 1 child turning 21. You may wish to run the calculations, however, because it would be 17% of your current adjusted gross income - and thus there's always the possibility the order could increase from what it is currently. Schedule a consult with a Westchester Child Support attorney for a full assessment.

Q: I moved to NYC from Philly which is about 2hrs away and we agreed to meet halfway every other weekend with no court ordered. He now says that he is not obligated to do so and now wants me to drive 2hrs there and back. Is that something that I should comply with? We have never had a problem before and had been doing this for the past 2 years why change now? I have contact with my daughter daily and keep her for the summer and holiday's.

Q: My nieces and nephews were put in foster care July 2015. They were directly placed with me since August 2015. I didn't get the kinship foster care payments because I had a case in 2012 that was dismissed so the case worker told me to file for guardianship and once it's granted I would get the kingap guardianship benefits. I was awarded guardianship on December 2,2016. Now I'm told that I can't get the kingap guardianship benefits because of my 2012 dismissed acs case and because although the kids lived with me for 16 months they weren't in foster care. Throughout the past year the case worker, judge Millsap, and the acs attorney told me that once I had the guardianship papers I could apply for the kingap guardianship benefits. I went on the nys kingap website and it states that there are cases where a person has been indicated and they still are eligible to receive the benefits. My case was dismissed. I am a new York city Housing exterminator but it's impossible to provide a good quality of life for myself 5 nieces and nephews. It's difficult to provide for them with $506 cash assistance and $289 in food stamps monthly. I also have my 2 children to provide for.

Q: My ex tells the court that we make things difficult for him to receive his daughter on visitation. That is not true, so now we have to prove we are not being difficult in giving him the child. I also have a order of protection on him. So since the incident on Tuesday he and my sister had a fight. I called the cops. I put a stay away from our child because I fear of her safety..

Q: I been taking care of her since she was a,baby and he is on the birth certificate but they only out him on because of a,paternity cause I don't need no support from him

Q: I am a resident of Maryland. Me and my wife had are child in Missouri because I was in the military. His birth certificate is from Missouri me and my wife separated. I filled for divorce in Missouri and she was not suppose to leave the state. She took my child to New York (Her home state, I have 0 connection with) She filled for public assistance and newyork put me on a temporary support order. I told them they didnt have jurisidiction over the phone. the judge said you might be right and postponed it. We had a new judge i said again newyork does not have jurisdiction. The judge put me on child support. Been on that order for 5 years. I have never filled anything, and have never been in the court. I have only talked to the magistrate cell phone when my wife had them call. Can i challenge the support order for lack of personal or subject matter jurisdiction. I have never signed any paper work or gave them any paper work stating my income nothing literally every hearing on my cell phone. I live in maryland. Need a modification lowering my child support because i make way less than i did in the military. My child gets SSI disability my Wife does too. Its a mess help plz!! any advice!

Q: There is a situation with my husband. He have not paid his child support he is not working and he is so lazy to pay child support to his other kids. He is not even helping at all financially. My relationship with my husband is just not good as before. Every time that I tell him that I feel sick or the kids are sick he does not like the fact that he have to be in a hospital. He will start saying ignorant things. It is his kids why not pay attention when they are sick, I be all the times there with my kids when they get sick stay up at night and make guard to make sure my kids are okay and getting their medicine on time. If a police rings the bells even if it is not for us, my husband runs out through the window all scared thinking that he is going to get arrested. I tell my husband, you need to get a job we are living with my mother and we need our own place where out kids could have their room boys with boys and girls with girls. For him that a NO, he expect me to do everything and he does not even lift up a plate! I lost my feelings towards him, I do not trust him and he does not trust me either. He is very harsh with us.

Q: For over 10 years my kids dad whom has never ever paid child support or even complied with his Saturday visits has dragged me into court. This week an attorney deemed the kids old enough 15 & 13 to not be forced as they wish not to have contact with him.
He decided to Stop and drop all the petitions he had as to visitation or communication.
What does that mean exactly??
My lawyer was not specific at all. She said she would Mail the dismissal to me.
I don't understand what that means exactly.
Am I able to move because in one of the orders I was ordered to stay in NYC only.
Is this the last I'll hear from him?
Am I finally free from this parasite?

Q: Judge denied jurisdiction on my out of state order but granted enforcement of visitation of the order so my question is can the judge change the visitation in the order if there is no justification. So let's say they give me supervisor visits and not my regular unsupervised visits how does that affect my custody order since she had no jurisdiction to change it.

Q: My friend and I decided to conceive a child through insemination done at home without physical contact or any intimate relationship involved. The agreement was that he would be involved in the child's life, but my wife and I would be the custodial parents. Unfortunately, we did not go to a doctor for the insemination process nor did we complete any legal documentation beforehand, but he is still willing to relinquish his rights as long as we have something in writing stating he can be part of the child's life. Please advise. Thank you.

Q: According to our divorce agreement, the child support would be paid on the first of the month, which is $720. She gets $580 for two years, but there is no specific due date on the agreement. While I would pay her alimony in the month, as obligated, I have to live for myself and have my financial obligations where giving her the lump sum difficult The decree just happened and according to her lawyer, I have to pay up by Friday or they garnish my pay check. Another issue has to do with our storage room that she agreed to give up. She then changed her mind just as I had left the apartment although the lease still has both our names on it. I was trying to pay her the $30 for the cost of the room since she didn't want it transferred to my mother's apartment (we live in the same complex) but she never cashed the check. As it is, everything in that storage room is mine since she cleared out all of her possessions. What legal recourse do I have if she gets the management property involved and my stuff is thrown out? As it is I cannot afford an attorney since I had to declare bankruptcy.
A: David's Answer: It's unclear what you mean by having to give her the "$580 for 2 years" - do you mean $580 per month in alimony for the next 2 years? If so, and the agreement doesn't specify on which date of the month you're supposed to pay, then you would generally need to pay each month but the date may be different than child support. A definitive assessment can only be reached after a full review of the agreement. Schedule a consult with a Bronx Child Support attorney for a full assessment.

Q: What precedent/case is there to prevent a judge from ordering joint legal custody in a custody trial? I would like to read the cases. Can you cite any?
A: David's Answer: The caselaw provides that a Judge MAY order joint custody at trial. Doing so, however, remains in the Judge's discretion. Thus there's no caselaw "preventing" a Judge from ordering joint custody at trial as a general proposition. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

Q: I am a father who has been in my sons life since birth. I often would take care of my son on my days and his mothers days. Me and his mother were never a couple and I recently got back with my ex and my sons mother started creating problems for me. I was brought to family court for a sole legal custody petition, during the first hearing the referee allowed to petitioner to move 100 miles away and it prompted me to get an attorney. The first time I heard about the move was in court. The petitioner stated that since I have objected to the move that she would do all the transportation. Also the petitioner violated the temporary visitation order more than seven times and at the second hearing nothing was said or done about it and I was told I had to do all the transportation now myself. Should I put in a complaint to be reviewed or should I wait till trial?
A: David's Answer: If she filed a custody petition, you should consider filing a counter-petition and/or an Answer to her Petition. More facts would be needed as to whether you should appeal or merely "await trial." Schedule a consult with a Bronx Child Custody attorney for a full assessment.

Q: My son and I have been tangled up in the family court system for many months. He was removed from my care following reports I made about a feeling I had that people were breaking into our shelter room while we slept and abusing us sexually. We were laughed at by hospital staff, city officials, and anyone else to which I tried to explain out situation. Due to trauma that caused me to seek mental health services when I was younger, my son was removed from my care and placed in foster care. There he reported to me that he was molested on two separate occasions by older children in the home. When I reported this to the foster care agency following each incident, they accused me of being crazy and putting my son up to it. Him they threw into inpatient care at several mental health facilities. He was put on medications to which I never consented, we were not allowed to see each other, and I had to repeatedly send for money from back home because most of the time transportation fare was not provided. During this time I did everything that ACS requested, except for the voluntary taking of psychotropic medications. (If you have any advice please bless us with us a response to hear the rest)
A: David's Answer: You have not yet stated a caused of action. The issue is whether you were wrongfully deprived of due process rights. Thus, generally to sustain a civil rights claim, you would've need to prevail in either the trial court or appellate court - i.e., a court finding that ACS wrongfully removed your child. Schedule a consult with a Bronx Child Abuse defense attorney for a full assessment.

Q: I would like to remarry.
A: David's Answer: When you say you "signed divorce papers" - does that mean you signed the Plaintiff's & Defendant's affidavits? Did your wife submit the judgment package to the Court? If so, you could give a process server authorization to check the court records to see if the Judgement's been signed. Call a Bronx Uncontested Divorce attorney for more info.

Q: Is it a crime when the non-custodial parent does not forward mail to their ex-spouse and/or children? Suspect health information is going to their address rather than ours. We cannot change the address with the mailer/provider.   
A: David's Answer: It's not necessarily a crime, but it's also something which can potentially be addressed by the post-judgment part and/or Family Court (if the issue has to do with child support). First try to get agreement from the other parent by writing a letter/e-mail. Schedule a consult with a White Plains Family Law attorney for a full assessment.

Q: I had a mental black out, I drank till I blanked out and didn't know where I was at, I left my daughter in the house and was suppose to be going to the store and coming right back, that never happened I ended up at the precinct and then to the mental clinic in the hospital.my daughter has been in care for almost 2yrs.i comply with everything, drug test, my therapist, taking my meds, visitation is only once a week for 2hrs, my daughter keeps changing her mind, one minute she wants to come home, then the next time she doesn't want to come home, it's back and forth with that. the judge is not trying to move this case forward, i am being discriminated against, my lawyer I feel is not fighting enough or know the rights with dealing with this type of situation, my heart is killing me trying to stay strong and now I think I might be pregnant and I wouldn't want to kill the baby if I am, but I don't want cps to take my baby away either, this pregnancy was Not planned, so if I had to kill this baby to keep it away from cps I will. but would they or could they take my new baby from me? If I'm doing good? If I go to the hospital and there is no drugs in either one of our bodies could they take my baby?

Q: I am a foster parent and the agency placed a child under my care since the age of 4, she was suppose to be in my home for 18 months. the agency never provided the adequate services for her needs and lost her records numerous times which i would provide to them being that i always saved copies of her records. The mothers rights were never taken away after failing numerous times drug and programs. Now the child is 9 1/2 and she was removed from my home in less than 24 hours like she was being abused. I am aware that the child is happy to be with mom, but I feel that this Agency violated her rights and put this child thru a trauma. she is currently reading 1st grade level and was never treated as a special needs child. I feel someone should be held responsible and that changes should be made to protect our children. The principal is not the incentive, its the lives of the these children that are being used as a number and not treated as an individual. these children are becoming victims of the @#$^ &* "child care system"
A: David's Answer: You have a right to contest the removal, but must do so in a timely manner. If you're not otherwise contesting the removal, however, then it wouldn't appear you have legal standing to sue the agency. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

Q: He needed to complete alcohol abuse program, domestic violence(batterers program) and parenting classes he never did never went to court. Case was opened 11/2012 and closed 12/2014. I'm confused how should I go about letting him see our children. I don't want any repercussions from allowing him to see the kids and then he doesn't behave accordingly.

Q: My husband and I are going to be going through a divorce. He cheated a few years back and I retaliated and cheated almost a year and 9 months ago. We went to therapy and have tried to make it work for over a year. He now tells me that I am entitled to nothing (ie Alimony/spousal support) as I committed adultery and that he will prove it and I do not stand a chance at gaining anything. This is really terrible as I've don't nothing but try and I don't even want this divorce even though we've hurt each other. Any advice I would appreciate.

Q: I live in New York and have sole legal and physical custody. The father has no visitation rights and hasn't seen the child in years (hasn't had visitation rights in years). Do i need the courts permission to move? Do I need to notify the court? I don't even know where my childs father is located.
A: David's Answer: Generally you need either the Father's permission or court permission. Whether your case would constitute a rare exception to the general rule would need to be assessed. Schedule a consult with a White Plains Child Custody attorney.

Q: I'm divorced and my 17 year old daughter is living with me, but planning to go to college in the fall. She mentioned that she may take summer courses or an internship between her freshman and sophomore years, so she won't be living with me for the whole summer. Does that mean we'll no longer receive child support or assistance with college from her father, because she'll be considered emancipated?
A: David's Answer: Most agreements say that a child's attendance at college is NOT considered an emancipatory event. That said, if the father contributes towards room-and-board, this is generally a deduction from child support. Schedule a consult with a Westchester Child Support attorney for a full assessment.

Q: I'm in the middle of a child support case and the father claims he only makes $9 per hour (part time at that). It seems as if he has the pay stubs to support it as well. However, he recently posted videos on his social media accounts counting excessive amounts of cash with comments claiming that he works at night and all his money is is made legally. He seems to be hiding this income from the judge to make it seem he's living below the self support line. Will my videos be enough to prove to a judge he is working off the books and in deed has more money for our daughter?

Q: My mother wanted a divorce from her new husband and has stated that to me on a couple of different occasions he has also left voicemail messages on my wife's phone stating that my mother wanted a divorce and so does he, 3 weeks later my mother had a severe stroke and cannot make decisions or even complete a full sentence, he has since then been a tremendous strain on the Family, I am her health care proxy along with her POA, can I file a divorce on behalf of my mother? I live in New York

Q: Hi, the father of my kids (we have joint custody) does not want to sign papers so that our kids (age 14 & 7) can get passports. Can I get him to sign papers through court? If so, what application would I have to fill out, and which court would I have to submit it to? Can I do this without a lawyer? Thanks

Q: I am divorced from my wife. We have 2 kids, ages 7 and 8. Over my objection, she wants to relocate with them to Portland, OR. in "no way, shape or form", is it in their "best interests", to do so. The kids' court-appointed attorney has already interviewed them about the move and they were unsure about it. The judge scheduled a trial, which will help he make a determination one way or another. Prior to the trial, this attorney wants to interview them YET AGAIN, and if the kids now want to go,he'll approve the move! I don't want him to interview the kids any more. I've never been abusive towards them, they love me very much, the mother has not fully cooperated with all the court orders involving visitation over the last 6 years. The 3,000 mile distance is insurmountable. For all intents and purposes, any orders, e.g., nightly telephone calls, religious upbringing, visitation set forth by a NY court will thereby by unenforceable. This attorney is just hoping to wear my kids down.

Q: I recently was presented with the opportunity to move to another state with my significant other. At the moment my son and I live with my mom and siblings in a three bedroom apartment. Moving with my significant other to another state means that my child will have his own bedroom, live in a safer environment and attend a better school. His dad served me with custody papers and I don't know what to do next. However, i feel confident in my parenting skills and I am primarily making this move to give my son a chance to have what he doesn't have now (his own bedroom, better education, better neighborhood). I am not asking for sole custody of my child and have said many times to his dad that I respect his rights as a parent and I am more than happy to split up our time with our son by allowing him to have him over the summer/winter breaks along with other holidays which require him to be away from school without negatively affecting our son's life. I don't want to take my son away from his dad, but I know this move is crucial and will improve the quality of life of our son. I live in New York City and was just served papers and don't know what to do next. Am I allowed to still move?

Q: I went to court for a upward modification on my child support order and my ex wife attorney had her testify and once my attorny cross examined and object to most of her paper work that where incomplete an all copies the mangistrate said we going to have a break and will come back at a date that 8 weeks from now....the mangistrate for the most part agreed with my attorny but why postpone for another adjournment?...thanks for any help

Q: I fell for a man very fast. He asked me to have a baby almost right away. In the beginning everyone thing was wonderful suddenly he be came dissent and started lying to me all the time. By then I was six weeks pregnant which he was quit happy with. I have lots o text messages between us show this. Once I confronted him about the lying. He then told be that do to the trust issues he no longer wanted me to have the baby. When I told he that I was still going to have the baby he then told me he would be moving to Germany in a couple of months. He makes mid 6 figures. I don't know how I going to get all I need for the baby before he or she comes. Plus I am a high risk pregnancy so I will not be able to safely continue for much longer. He also know this. What If amthing I able to do?

Q: My sons father took me to court for a Dna my is 5 years old judge placed an estoppel on him are they gona give him custody and put him on birth certificate I have allowed the child to viste but I have been sole provider for the child even tho his parents claim the have help but yet I have never seen a dime only a pack of diapers 4 times when he was a baby what will be the next step in court

Q: She hired a lawyer for custody, alimony/child support in the Bronx. I paid for all the divorce fees. She contested so that I can pay for her lawyers fees. Will the judge make me do that?

Q: Child support Getting a divorce my wife wants me to sign a paper saying i will give 25 percent but i heard that number is going down to 14 percent but she is not asking for alimony or my retirement or my anuityanuityannuityacuityantiquitytenuityannuitant and we have 5050 custody and if 5050 custody should i have to pay support i am on workmans comp also

Q: I live in new york and have overnight visitation of my 13 year old son. I pay child support and am planing on retiring in a few months.
A: David's Answer: The fact that you would have alot of free time to spend with your child (presumably as opposed to the other parent) would certainly be a factor the Judge would consider, but only 1 factor amongst many. One cannot say that, in itself, would be a basis to switch custody. Moreover, if you voluntarily reduce your income, you would generally not qualify for a reduction in child support. Schedule a consult with a Bronx Family Law attorney for a full assessment.

Q: I retained a lawyer in May. After paying the retainer fee he called me in to do a networth statement on June 28th since then I've been asking him for an update and he has failed me. I found out my husbands lawyer has been trying to contact him for the last 2.5months as well via letter, email, text and phone calls and he has not responded to the opposing lawyer either. I'm scared my case will go in default. I'm a single mother of three and I feel robbed. I can't afford for this case to go to default as my husband is not capable of taking care of our son. I need to find out what's going on and don't know what to do. I need help to make sure the best Decision is made for my son and his future.
I'm so dared in not going to get a fair chance because I don't have anyone on my side.   

Q: The last time we went to court the judge gave my daughter's mother and I a deadline to come to a custody agreement so she could sign it.The judge wanted us to send the agreement to her to sign and enter it as a court document.It has been over a month since the deadline she gave us.I do not have a lawyer which means I have been emailing my ex and her lawyer myself to no avail.They have not been responding to my emails or phone calls regarding this issue.I sent them both a proposal for the custody and expected to hear from them with an amended proposal or an agreement that we can both agree to sign.My ex is completely not interested in the judge signing the custody agreement it seems.She lives with my daughter and I do get visitations.I also pay the court ordered child support.My questions: Is she prolonging the signing of the custody agreement as a way to gain some sort of an advantage? and What should I do about this?
A: David's Answer: Assuming your case is in Westchester, you can contact the Referee by sending a pre-motion conference letter and state that you've tried to contact the mother's attorney to no avail. See if the Referee can intervene and offer a solution. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

Q: My husband has beaten, raped and mentally abused me for many years, He's forced me to terminate many pregnancies, because of his job. I felt like a hostage in my marriage, and I count myself lucky to be alive. I never mentioned to the court he was an abuser, or ever had him arrested. I just said he abandoned me and my children. Because of this I have suffered in court and haven't been treated fairly, and I have lost almost, everything to him. Every time I face him in court I feel victimized, over and over again. I had to defend myself in court we're now at post judgement, and I feel he has taken full advantage of how clean I've made his image look in court.

Q: I just moved from puerto rico to ny in june 2016. I've been out of ny for 14 yrs. Now in 2011 my ex filed or the state filed for child support. I just moved back to new york in june and i received a paper stating that i failed their court ordered child support that started in May 2015. The child enforcement agency knew my address in puerto rico. I never received the court order. I just looked at the paper and it has an address in new york. Im assuming that's were they sent it. It says i owe 1,770 arreas. I knew of the child support because they garmished my tax return. What i never received was the court order of child support. I dont want to go to jail for comtempt. It says i willful failed. And i just didnt know. I live in a shelter with my fam if i go to jail they loose the shelter.i filed a pettion for dna. She revealed that the boy was not mine after birth 2 yrs later. The boy knows the father. He never seen me.. I just need to know what can i expect!! I didnt know. Dont i have to be served the letter. Im nervous. Can someone help please.

Q: My 5 year old Daughter has resided at various locations (at least 10 places no exaggeration) in three different states since she was 6 months back in August 2011. As a highly, all-around, involved Father, I am concerned about the well-being and stability of my Daughter going forward, now that Mom is 5 months pregnant with whom she is 'on and off' with, someone who on more than one occasion, placed his hands on her and once threatened my life, admitting to being mentally unstable in a phone conversation back on Aug 31st. Mom relocated from FL on two different occasions, most recent move in July '16, to remain close to the man who hit her, left their FL home because the income wasn't as great and it wasn't the place for him, according to Mom. I can't rest my head believing that the man who left her high and dry quite a few times, will assume full responsibility of the house once their child is born. Mom just informed me that she had to place our child in emergency childcare after school (09.19.16) because the man she continues to have high hopes for, left her out on her own to figure it out. What are my rights as a Father? I just want what's in the best interest! Please help!

Q: Hello, I am Fresa Hernandez. I want a divorce. I do not have nothing for example, no children, money or proprietress. What is my first step? Thanks for your time, Fresa Hernandez

Q: I have been married since October 2014 and my husband is a US citizen. Moved here in April. Long story short, my husband decided that drugs were more important to him then making our marriage work. He choked me once, He begged me to forgive him and I didn't file a police report. I just settled into a permanent job after giving up my old job back at home to be with my husband, who i thought felt the same way as me. Now he wants a divorce as soon as possible because I don't make him happy. I am so hurt and confused right now. What can I do in this situation?

Q: My babies' father lives in Florida and I live in New York. I got pregnant 3 months ago and since then we have broken up . He is threatening to take the child from me once they are born or believes he can have 50/50 custody agreement across the country.

Q: A order of protection was placed without my consent and now we have one child and one on the way and we would like to get this order modified so we can raise our family together with no problems and we have not had any police contact or criminal contact since the order was put in motion in December 2015

Q: I have been divorced for 13 years and my ex husband was supposed to help fix the house. He has not been doing that and i have asked him many times and he just ignores me. The house is in desperate need of repair especially the stairs and the driveway. I have fixed some things and he has not given me his share only gave $1,00.00 which he reluctantly gave for the windows and the bill was 6,700.00.

Q: The father is asking the court for a full summer month spring brakes and holidays and everyweek end I have to concernes the baby is only 7 months he only knows my husband as dad the father has no furniture doesn't meet the living conditions and also has temper issues and they have a altar in the house with candles in a closet which is a safety hazard To me what can t do or how can I explain my concernes to a judge
A: David's Answer: It certainly seems on the facts you're providing that the visitation request is too much, too soon. Usually parents get "half of summer" with a school-age child - there doesn't appear to be justification of same with respect to a baby. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

Q: My lawyer has agreed to my ex spouse's venue issue and he still wants to be difficult. I am asking for part of his pension after 25 years of marriage. Can my lawyer over come this issue? I started fighting this case in January 2016. Should I keep dishing out money for my part of the pension? Can my ex keep stalling over this venue issue, even though we have agreed to what he wants? He does not want to split this pension.
A: David's Answer: It's hard to assess this, as one would need to know on what basis your soon-to-be-ex-spouse is still fighting the venue issue. One would also need to know on what basis he's asking for a deviation from the general rule on retirement division - i.e., 1/2 of the marital portion. Thus, if you want a 2d opinion, just schedule an appointment with a Bronx Divorce attorney.

Q: Can you please advise How RJI and PC in a divorce case work? Is it timing consuming and costly to filing RJI and request for PC? Thank you.

A: David's Answer: The filing of those documents, in itself, is neither time-consuming nor expensive. Both get filed with the clerk's office (with proof of service upon the opposing party/counsel), with the result being a contested case. If you're dealing with a contested case, however, you should at the least consult an attorney, if not retain one to represent you. Call a Westchester Uncontested Divorce attorney to schedule a consult.

Q: Going to file rebuttal in custody case. Should i state vaild points on why judge should not grant custody to him? Example father has anger issues wife is recovering alcoholic children are allowed to play with 12 year old boy. Children are 6 and 4 girls.Lack of supervision in father house. I can go on and on

Q: My wife and I have struggled for five years after marriage before we could have a 24 week preemie.This happened in January 15,2016.
Even though our son is doing well,I feel he need more love and attention from both parents.My wife has gained admission to do her phd at Binghamton,we live in the...

Q: 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?

Q: I was never married to father of child. He pays support 25 per month and moved Down south. He hasn't seen his son for over a year and a half. I have to move due to my parents retiring. We live with them n they can't afford ny so we are going to massachussets to continue to be with then. I can't afford to live by myself so I'm moving with them to find a job to support my son. Unfortunately I can't do it on my own. Will I get in trouble moving? I mean I don't hear from the dad but he can be malicious. He moved south almost 2 years ago. Will I be ok to move? Thanks in advance

Q: WHAT HAPPENS IF I SAY NO TO THE DNA TEST? Since he is not the father.

Q: My grandson's mother will not allow me to see my grandson and right now my son is incarcerated.and and taking thE mother to court for visitation but both parents have to be served. A: David's Answer: Generally you can have the incarcerated person served via the Warden. If you go there on a visit, you can also have him sign an acknowledgement of receipt (this must be cleared with prison officials beforehand). Schedule a consult with a Bronx Child Custody attorney for a full assessment.

Q: I'm under the gun re statute of limitations. Filing initial complaint pro se and will then get an attorney as I have 2 days! Doing research I've come across the term "special relationship" and am wondering if this can help me? Ultimate goal is to name Judges which of course won't happen. Child taken away unjustly-"article 10 proceeding disguised as a PINS proceeding" is how someone put it. PINS petition appealed and subsequently deemed defective. Should I bother mentioning a "special relationship" or is their no point? Many thanks!
A: David's Answer: You do not necessarily need to allege a specific "special relationship" in your pro se complaint so long as there is a factual basis which would support same. That said, bear in mind you cannot sue Judges for actions taken in their judicial role - focus your efforts on the child welfare agency, caseworkers or other entities who did you wrong. Schedule a consult with a White Plains civil rights attorney for a full assessment.

Q: The mother of my child was going to take me to court for child support. We ended up unofficially settling out of court. So she never showed up for her court date and it got dropped. Now she wants more money can she take me back to court

Q: My ex continues to schedule activities during my visitation. Usually a day before my scheduled visitation, my ex will text or email me and include our son 13 yr old son in the conversation (by including his phone number or personal email) therefore making it uncomfortable if I say no to making the switch. I don't want to upset my son since my ex clearly promised this activity to him so often times,I just agree. My ex has changed my visitation so regularly now that it I am not able to make plans for my son and I. Can I file that my ex is not following the order? 

Q: My kids father doesn't pay child support and works off the books. He told me he doesn't have any intentions on giving me any support and will tell the judge that he's on public assistance and works as a handyman( off the books). I recently found out he got married and I wanted to know with that being said, will the judge consider his spouse's income during the case? and am I even able to ask the judge for such a request as he will keep his marital status a secret.

Q: The judge said that he was going to find me guilty no matter what and the second lawyer I had said to take the guilty plea because she can do nothing to help me.under all the stress that i was put through by them i pleaded guilty under the stress.now the fourth lawyer I have helped me to get some of the evidence I needed to prove the neglect charges are false ,that only my lawyer could get, I got the rest on my own.my first child was taken at birth.my second child was also taken at birth because my first child is in foster care and because I didn't finish all my mandated programs but I finished them all before the termination of parental rights case was started for my second child. Then my third child was taken two weeks after he was born because of the same reasons but he was given back. They don't want to give me back my other two children.my children were born December 2012, July 2014,December 2015.

Q: I am in the middle of a divorce, in NY. My spouse has a LLC business. There is another active member at the LLC. Before we filed the joint extension (4/15/16), he insisted that there was a profit and no refund for year 2015. End of June 2016, he produced a document showing back early 2015, he granted LLC interest to the other member, which lowered his income for 2015. Before he disclosed such "grant", there is absolutely no disclosure that there is such grant. It is obvious that the "grant" was done 2016 but they backed dated to 2015.

Q: My ex-wife is trying to reopen our child support case. I still only owe her arrears as I no longer owe state, city or federal. Also our children are in the military. Three years ago we went (together) to court and she ( my ex-wife ) wrote a letter stating that I gave her $70k for child support. All I owed her was arrears. The judge stated that the matter was no longer in court and the agreement was between me and my ex wife. I have been paying ever since, however, certain things happened last year where I couldn't pay. I have since been paying her since March. Can she reopen the case although I have been paying her, even if it has been sporadically?

Q: My son's father filed for sole custody and he is a drug and alcohol addict. He also is verbally, emotionally and physically abuse towards me. I want to move to my home state with my son for a better quality of life for both of us. My mother ,daughter and siblings are there, i want to go to school and it's cheaper to live as a single parent in Michigan than NY . Will the judge let me do so.

Q: My spouse told my stepdaughter daughter that we were getting a divorce. I wasn't involved on the conversation. My spouse claims it was done because she deserves to know the facts before deciding to go live with her father. My step daughter told my spouse that she wants to go live with her father because she misses him. She is still going to live with her father. My spouse doing this does it affect my divorce case when the papers are filed. Thank you for any input in this question have a great day. 

Q: My family minor is in a psych unit because the guardian can not care for her and is always abusing her and kicking her out. So she sent her to a psych unit.. She's been in the psych unit for 3 years. The guardian was going to first give me joint custody but then she switched up and said she doesn't want to give up her rights at all because she doesn't want her to be happy. Can I file for custody even though my niece who is in the pysch unit is adopted.

Q: I worked for AT&T from 1973 to 1985. I have just received notice of a small pension ($446/mo). I married my husband in 1992. Fidelity is the Pension Manager and is insisting that my husband is entitled to half of my pension or I must get a waiver. But, I earned the entire pension before I met him.
We have three children ages 19, 17, and 17. My husband has made it clear he does not plan to stick around after the children are through college.
I am 65. He is 55.
My parents have passed away. I have kept my small inheritance from them separate from the household funds.
His parents are living, but he stands to inherit a significant amount when they pass.
I am afraid he will take half of everything I have, leave and then dissolve the marriage. Thank you in advance for whatever advice you can offer.

Q: Im married 3 months how do i set up a post nuptual agreement.

Q: I had a hugely contested divorce which went through trial for three days and the judge gave his decision at the end of the three days. Now my divorce case status is changed to disposed and it says JOD signed. What are the next steps for me to get the divorce decree?

Q: My kids father will be getting a settlement and I'm wondering whether my kids will be given a portion of it by law? Supposedly what he owes in arrears will be paid through this also.

Q: In my visitation temporary court order, we have a no disparaging clause. Which is supposed to apply for everything (in front of child, through text, social media...). I recently texted NCP about how I have not received any child support in 4 weeks. Like always he comes off very defensive and rude and says I am approaching him wrong (which I am not, he just always has attitude towards me) I am very respectful and never curse nor call him names. He goes on to curse at me and starts calling me names which I repeatedly have told him to stop acting like that towards me. In the recent text messages he has called me "nigga, douche, money grubbing lil sh*t, a dog and an incubator". Are these disparaging comments? Is he in violation of the court for speaking to me like this? We have joint legal custody and I have primary physical custody( he gets every other weekend fri evening to sun evening). If he acts like this can I get sole legal and physical custody? or can his visitation be decreased to one night?

Q: I get child support for my 19 yr. old daughter who has a history of depression & hospitalizations. She's threatening to do overnights @ 24 yr old boyfriend's room he rents . She does not work & is under psychiatric care. What measures can I take to have her stay home? Call police? or is there nothing I can do?

Q: After my spouse and I went to court to settle matters such as custody, alimony, and child support she summoned me again for a modification of custody when I already served her with papers, can this delay the divorce process?