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Westchester Family Law Attorney Archives

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. 

Q: Can my child support be taken if I was getting money from a sell of my mothers house as a inheritance

A: Not automatically. If the person owes arrears, the recipient of support should get a money judgment. Then they may move to enforce that judgment against the estate, or when the money hits the obligor's bank account. Schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: My ex wife is taking my daughters on a cruise with out my consent and they don't have pass ports can she take them?

A: Assuming the cruise is docking in any foreign country, she'll need passports. Thus, if she doesn't already have them & there's an order of joint custody, she'll need your written consent. Nevertheless, the real question would be: what's your objection to the trip? Schedule a consult with a Westchester Family Law attorney for a full assessment 

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

Q:I was awarded full legal and sole custody of my son by default. The father never showed twice, then I went to court for visitation only they provided me with a public defender and now he is Trying to over turn my order that another judge put in place tut o make my son father happy I live in Westchester county the father lives in Brooklyn with his parents. Our son was born prematurely at 25 weeks weighing 1 lb and 6 ounces. I'm the one taking our son to doctors and therapy and early Intervention our son is 1 years old now. His father sees the child now every other weekend and when he does have his child his grandparents watch our son not his father. The father is in a motorcycle club and parties every weekend, I do everything for our son but he wants 50/50 for what. You lied to the court about visitation which he gets and we even talk about his having him on certain holiday and even a vacation. On top of my son father in our relationship used to beat up on me so I have a restraining order on him and his lawyer wants me to stay in a close radius to him I don't think so my address is also confidential now in the courts I'm afraid of his father I need advice. 

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