Q: I am going through a divorce. My wife’s attorney did not serve discovery request on me during the time period allocated. I was recently informed that my wife changed lawyers (3 days before scheduled ESP). Her new lawyer is claiming to file to a motion to ask for discovery to be done based on the grounds of malpractice by…Read More
Q: at what age can a child say he/she does not want to go on visitation with the non-custodial parent, In NY state A: David’s Answer: There is no bright-line rule, but generally if a child is high-school age, the Judge pretty much goes along with whatever his/her preferences are. That said, one would need to assess many other factors,…Read More
Q: My husband and i worked with a mediator and reached a settlement that we signed and notarized and i delivered upon with in 10 days of signing. we also signed and notarized all other papers needed. he didn’t sign one, the paper that stated he was aware he’d need to cover his own health insurance. he seemed to wanted…Read More
Q: Because my wife has a back condition, and because the pregnancy wasn’t apparent until rather late, she tested positive for opiates. Long story short, we have arranged for my son to stay with his grandparents while visiting with us was at our mutual discretion. Court order assigning custody makes no mention of visitation restrictions beyond the fact that it…Read More
Q: I, Ira L. Jackson, have been accused, of being a biological father kids twins. Before DNA Laboratory findings was made, now on hand I am in possession of DNA Markers that proves I am not the father of these children’s, and the family court system refuses to except my complaint. Is there a lawyer consultation with advise on how…Read More
Q: I filed divorce but my husband doesn’t want to divorce (Muslim Family Law). My marriage contract doesn’t include permission for me to divorce my husband. That’s why I have to file a case and it might take unto 2 years to settle. In current situation, how can I remarry? The marriage was conducted in Bangladesh (Muslim Family Law). A:…Read More
Q: My husband cheated on me and may agree to an uncontested divorce. However he often changes his mind and has an unreliable personality. In spite of what he promised, I am prepared to the possibility of him changing his mind and not signing an uncontested divorce agreement but I want to make an attempt and serve him divorce papers…Read More
Q: If, through a mediator a 50/50 custody split is agreed upon, how is child support determined? Actual parenting time is more like 70/30 and the parent who does spend more time (70%) also has the higher income. A: David’s Answer: No offense, but you shouldn’t craft an agreement which is different from reality. It may cause problems on down…Read More
Q: how can the mother legally return to Cal with the children where she can legally practice her law profession? The father refuses to allow her to leave. A: David’s Answer: She should file both a relocation petition as well as a child support enforcement petition. Then make the father a deal: mother will forgive the support arrears in exchange…Read More
Q: My husband and I have been married for nearly 9 years but as of today we are living as roommates under the same roof without any communication. He lives his life and I live mine. Note this situation has been going on for the past 7 years. that’s the reason I believe It is time for me to move…Read More
