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Westchester Family Law Attorney Archives

How can I modify a visitation and support order from another state?

Q: Myself and my children 7&11 moved to NY 5yrs ago. The original order is out of Florida where we lived with their father when they were 1&5. In 5 years I have had to change visitation maybe twice do to illness and child activities, but all time was made up and more. My ex is very inflexible when I need to change so to kids lives. He feels they don't need to have one outside of him. We go visit monthly and it is becoming almost impossible so to school and extra curricular activities. Many times I have asked him to come here to be a part of their lives but...no. I never try to completely miss a visit I just need to move the days. In a nut shell I need to modify visitation schedule to work in favor of kids the age they are now, not the age they were. Also, I need to increase support. I get half of the recommended amount in NY, he doesn't help pay for activities, he doesn't pay medical insurance and he doesn't pay medical expenses, I also pay the kids travel. He owns his own dental office and is very successful. When I have tried to ask him to help out he flatly says no. Financially its killing me and I want to know if the court ever awards the petitioner legal fees? 

How can I go about reducing my child support amount?

Q: Me and my x wife agreed to the child support amount and in our agreement, but now I have unexpected expenses like I had to get a new car cause my 2006 car finally gave out, so I have car payments. We split all extracurricular activities and schooling 50/50, I feel I'm paying to much still with me paying have for our daughters extracurricular activities. Our divorce agreement was finalized in 2018. I'm financially struggling and dealing with a VERY unpleasant co parent to say the least.

How often are appeals granted in NY when it comes to overturning a grandparent visitation order?

Q: My husband and I have been estranged from MIL for 3 yrs. he's always had a bad relationship with her. During the 3 yrs we battled infertility, failed IVF rounds, death, and finally, the birth of our son. Throughout this whole time, MIL NEVER reached out. Not during my pregnancy and not even when our son was born all she did was disparage us. Fast forward, my son turned 2 mos old and the texts started how "she has a right to meet her grandson" ... never wanting to fix our issues first which we told her would need to happen before she had a relationship with our son. She refused. She attempted 2 or 3 more "texts" only.
When my son turned 6 mos we were served papers being sued over grandparents visitation. We've spent $20k so far and this judge granted her standing based on a couple of texts and a few cards/gifts that were sent to us only AFTER her court appointed lawyer told her to after court began prior to court or even being served never one gift, letter or card was received for any event or holiday for my son. We are in the midst of best interest analysis now and I'm feeling hopeless because of the bad calls this judge is making and just preparing for an appeal and losing. 

Q: What are New York's child jurisdiction requirements?

A: The UCCJEA, which is the statute governing custody jurisdiction, generally looks at the 6 months immediately preceding the filing of the particular case. If the child was with one parent versus the other during that time frame, then that parent's state would have jurisdiction. As it's a somewhat complicated issue, however, I wouldn't advise to proceed without counsel. Thus, call a Westchester family law attorney to schedule a consult. 

Q: I have been married less than a year how do I file for a divorce ?

A: You can still qualify for a divorce. In NY, so long as the marriage has broken down "irretrievably" for 6+ months, you qualify for a "no-fault" divorce. Schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: What can I do, if I feel that my girlfriend's ex husband is telling lies about me in court, when this has nothing to do with me?

A: As you're not a party to that case, you'd only be able to "fight to clear your good name" via your girlfriend & her attorney. Thus, cooperate with them in marshalling evidence against him. Call a Westchester Family Law attorney for more info. 

Q: I have been married less than a year how do I file for a divorce ?

A: You can still qualify for a divorce. In NY, so long as the marriage has broken down "irretrievably" for 6+ months, you qualify for a "no-fault" divorce. Schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: Why my lawyer Trying to over turn my court order without my consent?

A: If your own lawyer is acting against your interests, then it's time to get another lawyer (or at the least get a 2d opinion). That said, if the 1st order was done on default, such orders are "liberally vacated." Schedule a consult with a Westchester Family law attorney for a full assessment. 

Q: Can I move out of NY State with my 11 month old?

A: First, the father doesn't win custody merely because you don't have a job. Instead, the court will consider his obligation to pay child support - and possibly spousal support (if you were married) - in determining who can better support the child. That said, there's numerous other factors the court will consider in a child custody determination other than mere "financial ability to support." You should schedule a consult with a Westchester Family Law attorney for a full assessment. 

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