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Westchester Family Law Attorney Archives

Can I move out of state with my 19 yr old even when the divorce from 6 yrs ago claims I cant move more than 25 mls from father?

Q: Can we just move since she is over 18 now? Do I need to go to court again? Will her father have any way of stopping her from leaving?

When NCP does not forward mail

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.

Can i move anywhere in the state without an issue with my child?

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?

Ex continues to schedule activities or change my visitation.

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? 

19 yr. old daughter wants to start spending the night at boyfriend's room he rents w/another boy.

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?

Can I apply for visitation for to see my step daughter

Q: My husband and his ex don't get along because he married me and she won't let him see the children. The 16 year old left and came to live with us. Can I file for visitation for the 7 yr old on my behalf as step mom.

What is the law (CPLR) in NY that Plaintiff's attorney submits the proposed Judgment of Divorce?

Q: Received a document from someone and it's written by an attorney who states "with respect to the complainant's claim regarding the Judgment of Divorce, it is routine practice, INDEED THE LAW that the plaintiff's attorney, in a matrimonial action submits the proposed Judgment of Divorce."
Where is this law? Is it in the CPLR for NY, and is it changeable and if so, under what circumstances? This is a seasoned matrimonial lawyer writing "indeed the law that the plaintiff's attorney, in a matrimonial action submits the PROPOSED Judgment of Divorce. Would like to know where that law is and how to find it. Thank you.

What part of doctor bills am I responsible for if order states I am responsible for 100%. but the child has insurance in NY state

Q: Custodial parent is asking for doctor payments before submitting to child's insurance. It seems this dr. is a friend of their family. and they are claiming to they are making cash payments to is dr. But not submitting this through insurance. Support order states I am responsible for 100% medical. Is this before or after insurance. Order doesn't state.

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