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October 2018 Archives

What is the law to get an annulment in New York?

Q: Hi and thank you in advance. I've been marry for almost 3 years and I'm looking to get an annulment. I live in the Bronx New York. I need to know how difficult it's to get an annulment and how much does cost. Or should I just try to get an uncontested divorce? Thank you.

How do I get back my apartment and possessions from an ex-partner who has placed an order of protection against me?

Q: I am the only lease holder to my apartment that I have cohabited with my ex-partner for a year after our breakup. In that time I have encouraged her to find a new place, stopping short serving her a notice of termination out of kindness and genuine fear for her homelessness. I have accepted numerous, highly controlling demands and concessions (no guests, no noise, etc) but never involved the authorities because she also deals with severe mental health issues and I fear that something bad might happen to her if I did have police to intervene. All this time, I have paid my share of the rent, and in the process I have loaned her several thousands of dollars and an expensive laptop.
In early September she began dating again and has since had her new boyfriend move into my home. Recently he prevented me from entering my home. When I called the police, she gave false statements on the report that I pulled a knife on her. While all charged were dropped she allegedly took out a temp family court OOP. I haven't been served yet but I'm afraid to go to my home. I fear she will live there without paying rent and disappearing with my possessions. How do I protection myself and gain entry back?


A: You may retrieve the paperwork from the courthouse. You may then either wait until the court date & make an application before the Judge for an order setting a day to retrieve your belongings, or you may file an order to show cause to advance the date if the retrieval is urgent. Call a Bronx Domestic Violence attorney for more info.

Is she in contempt ? Can I claim child abandonment since it's been well over 4 years that I have had contact with him.

Q: My son is 19 years old. He has refused to see me and i have not seen or spoken to him in 4 years. I sent child support every month and have never missed a payment. Just last week I went to drop off child support check for October and his new Birth certificate to my ex just to find out they had moved by a neighbor. I did not know this. They both ignore my texts and phone calls ( All the time unless they need something from me). I usually mail the checks to her however, as of May I started sending it to her via Chase QP . I decided to drop off the payment this time since the Birth certificate is a legal document and I didn't want to send it via regular mail. I'm glad I did as I was told they moved out almost 4 months ago. I have called and text her to find out the new address and it's been over a week and I still have not heard from her or him. We have joint custody. At this point I am frustrated and feel disrespected. He works a full time job and parental alienation has always been an issue. I would like to petition for child abandonment to stop child support.
I am holding onto the money but I also don't want to be in contempt so I'm in a tough spot.

How can I get full custody if father abandon baby since she was born. Now she is 13 father lives in Spain.

Q: Father never seen baby now she is 13 and would like full custody. He has never been around and he live in Spain. How can I take him the papers that the court gave me. I have no contact with him just his family?

This question is about QDRO

Q: My wife and I were divorced in 2006. No QDRO was ever agreed to or filed. In 2011 she petition family court stating she had an approved QDRO from my pension Administraters. It was a lie. She had nothing but a downloaded faxed copy from the pension website. She asked the Support Magistrate to sign a copy of a QDRO. There were no attorney signatures, no judge signature and I never signed or agreed to giving her 100% of my pension benefits. The Magistrate signed the bogus QDRO which my wife presented to the pension Administraters.
Was this a legal or illegal process?

What are the chances of getting a parent coordinator removed? I can't afford her fees ($400 per hour).

Q: My ex uses her for every thing and she has agreed with him on all 15 issues since she started 10 months ago. She has billed us over $14,000 since December. I pay 40% of the bill- although my ex makes 7 times as much as me. There is no time limit on her services in the agreement and I if i don't agree with her, I have to go to court to oppose it. Also, she has critized my parenting, order me and my boyfriend to meet with her, decided my 4 yo needed therapy and sends me nasty emails about not paying her and copies my ex on the emails. This is just some of the stuff.

Why would my kids father file for modify custody and child support, when he has not paid child support or seen his kids in four?

Q: I have been taking care of my 12 and 14 years kids. There father who has abandoned them , first filed for visitation, because he claims that I won't let him see his kids, that is not true. Now, he is has not returned my kids after there visitation stay with him. He is accusing he of being abbive and on drugs as well as my kids saying they don't want to come home. He has filed a petition and I don;t have any contact with my kids, has temp custody.

How can a legal guardian terminate their article 6 custody award?

Q: I was awarded full custody of my niece and two nephews. I was under the impression me brother, their father, was going to abide by the recommendations of the court and regain custody of his children in the near future but he has shown that he has no intentions of getting on the right path, so now I must figure out how to remove myself from the situation as I am unable to be their guardians permanently.

I had my neighbor served my baby father papers

Q: Today my son father dropped off our child and I tooked him away from and as soon as I did my neighbor served him court papers for custody. He tooled the papers and after he held it his father slap the papers out of his hand and told him to get in the car cause they was not served when we actually did served him, his father then proceeded to throw the papers at me while I was holding his grandson my neighbor picked back up the papers and put it on his car he then got out the car and threw it at me again repeatedly then drove away. Did he got served?

What can I do or my next step will be to get the money entitled for my kids ?

Q: My kids father (2kids) is supposedly getting his lawsuit money this month(Oct). He was living here in NY but as of today (9-25-18) has left to Florida out the blues . He is on child support and owes money . Once he gets his lawsuit can I do something in order to get the money he owes and still has to pay even with him being in another state ? And how ?

Can I bring voice recording as a documents in my child sole custody hearing ?

Q: I been with my baby's father for 4 years. We have a baby together and we were never married. He started to change since I got pregnant and started domestic violence physically, verbally, emotionally and even sexually. We are not together after march and he took me to the court for joint legal custody for the baby. I have recorded a part of DV while he was yelling and hitting me in front of the baby. We have a hearing next month. I don't want him to get custody since he is violent around kids. He had 2 more babies and he did same with those baby mom. 

Visitation

Q: My ex husband and I have a visitation agreement in which he has our son every other weekend. I was granted sole legal and physical custody of our child in our divorce. My ex husband recently moved to new jersey into his girlfriends home and he does not wish to provide me an address as to where my son is going to be staying on the weekends that he has him. He also is not allowing that I speak or meet the girlfriend prior to my son staying there on the weekends. Can I stop him from taking our son on his weekends if he chooses not to provide me with an address? Or even allow me to know who is going to be around our child? What should I do?

My sister went into family court and filed a false complaint against me and received a temporary order of protection. She lied?

Q: She claims that I threaten her on a date I was no where around her nor did I contact her via phone social media etc. can I file charges against her?

How do I get divorce if my spouse left the country?

Q: I was married to my spouse and we decided to get uncontested divorce.. but unfortunately my wife has left the country before she sign the papers and she won't be able to comeback to the U.S for 10 years because she overstated her visa.. what should i do?

What will happen if I divorce my husband?

Q: We've been married for 8yrs. He's the sole provider. I'm a stay at home mom. We own a home but my name is not on the deed. We have 2 children 11 and 2. He's been cheating for the past 3yrs with multiple women (I have poof) I'm tired and want out of this marriage. Will he be obligated to me financially until I'm able to get a job? Will he have more of a chance to get full custody of the kids since I'm a stay at home mom? What are my options?

What does the mother of my kids have to do to drop child support and forgive my arreas?

Q: We want to know the process of dropping for child support and forgiving my arrears. Do we have to go somewhere. Do we have to write a letter. She want to know to take me off. Please help me.

Noncustodial wants to change a temporary visitation order

Q: Noncustodial wants to change a temporary visitation order that went to effect less than a month ago. He has two days every week and cannot enforce it due to work. I agree to accommodate him on another day but the problem is that hes constantly late do not do the homework and feed the child properly since the beginning of the order. Judge said he needs to do all this. Do I have the right to accommodate him to another date since he cannot enforce the agreed ones or if I deny it will get into trouble? Next court is in December.

How can i have paternity dissolution done in nys when i have proof that i am not the father? My "daughter" is 12 yrs old.

Q: In june i had a dna test done for me and my daughter it came back that i am excluded as her father. Her mother denied ever having slept with another man but the results prove otherwise. I am paying child support but i want to stop the order for support as well as dissolving the paternity order. She had this affair while i was deployed in Iraq back in 2005.

What steps do I have to take to relocate with my daughter? What are my chances?

Q: Ok so I live in nyc and have been separated from my child's father for a few years now. We have a custody and visitation order on file. It's joint with almost equal visiting time ( me having 4 him having 3) He also has a child support order and hardly ever pays it. Like IRS took his refund and gave to me for the past two years cause he never pays it. I've never mentioned it and never withheld our daughter. But him not putting up his share makes it hard for me to provide. Recently I was offered a job in Georgia with a better salary. I've done my homework I've looked at schools the quality of life and housing down there and I can provide for her without needing the child support. I know this is going to go to court. What are my chances? How can I argue this? Should I just get a lawyer?

I am seeking divorce from my husband but again he is in jail. How do I serve him separation papers?

Q: My husband has been in and out of jail drug court through the past year and half. I would like to file divorce but do I have to wait a year to file or 6 months? We have been separated since last year September. We have a child and there are no custody issues as he can not see his son, and I am not asking for child support.

Can I request for a change in child support if my ex makes more money now and the custody has changed?

Q: I currently pay child support to my ex. It was based on my ex being the custodial parent (my ex had our child one more day than me). Now that my ex makes more money than me and custody has changed to shared custody (our child lives half the week with me and half the week with her)...can I file for a change in child support? Could my ex end up giving me support since he makes more money?

Should I get a lawyer?

Q: I am the custodial parent. Yesterday was our child support hearing. He made 80000 dollars last year in UBER and told me I wouldnt be getting more than 400 dollars a month maybe even less. He asked for a lawyer and the date was postponed. Should i get a lawyer?

Can I file for child support after 30 years?

Q: He was missing (the father). He disappeared and I tried to look for him. He knew we had our son but he skipped out and abandoned us. Plain and simply...I was in a grocery store, needed a price check, the manager came over and it was our son's father. First time I've seen him since he walked out on us. We were never married just living together.

If you fail to appear in court for custody of the child can u ask for another date?

Q: I am the father of the child and I have filed for custody. But I have served her the papers but couldn't make it back to Bronx, NY my home because of college so how can I get a new sooner date?

Can a father being Detained by ice can have right for visitation?

Q: I am the Biological mother of my child and have sole custody but the aunt/sister of the father file a power of attorney to have right to take my child and visit the father in a detention center/jail in jersey of immigration?

My son father is in child support im not working right now he has my son in his private work who has to pay for co payment

Q: Im having problems with my son father hes in child support he has my son in a private endurance but i cannot afford to pay for the co payment what can i do he tells me that i have to pay for it because he gives me child support.

Can a mother lose custody of child if she is currently residing in a shelter?

Q: I have two children and we have been residing in a shelter for about 3 months, but in a position of getting a place of my own. And soon be working soon as well once my children returns back to school.

If a couple isn't married and one of the parents may be an illegal immigrant does the other parent get custody?

Q: I currently have joint custody of my two sons. A family member told me that their mother may not be here in the U.S legally. If she gets deported would I get custody or will the kids go with her?

My son dad isn't complying with his visitation rights at all. So I have right to go back to court

Q: He would say he doesn't have time because he need to fix his drivers license this has been going on every other month and get upset when I have plans with my son. N say I'm going to take you back to court. I'm the one with the full custody

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