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Bronx Family Law Attorney Archives

How soon can I get an annulment after marriage in the state of New York and under what conditons? How soon can I get a divorce.

Q: What are the circumstances for an annulment after a marriage and if Im not qualified for an annulment how soon can I get a divorce? There is no assest or children involved.

Can I sue the father of my child for a Noninvasive Prenatal DNA Testing? & with this proof could I get support while pregnant?

Q: I fell for a man very fast. He asked me to have a baby almost right away. In the beginning everyone thing was wonderful suddenly he be came dissent and started lying to me all the time. By then I was six weeks pregnant which he was quit happy with. I have lots o text messages between us show this. Once I confronted him about the lying. He then told be that do to the trust issues he no longer wanted me to have the baby. When I told he that I was still going to have the baby he then told me he would be moving to Germany in a couple of months. He makes mid 6 figures. I don't know how I going to get all I need for the baby before he or she comes. Plus I am a high risk pregnancy so I will not be able to safely continue for much longer. He also know this. What If amthing I able to do?

Can a child be taken out of state without consent from non-custodial parent?

Q: I just received a message from my child stating that he was out of state. I had no prior knowledge about this trip, nor was I aware that my child would be missing 2 days of school, especially considering that they were off this past Monday and Tuesday and will be off again this coming Monday and Wednesday - and had academic troubles recently, resulting in being held behind. Is this against our custody order, which states that all medical and educational decisions would jointly be made, to be taken out of state and/or being out of school without prior discussion?A: David's Answer: If your custody order is that specific, one can surmise this is a violation. That said, it may suffice to send a default notice letter warning against future violations, rather than immediately going into court. Schedule a consult with a Bronx Family Law attorney for a full assessment.

Can i get joint custody of my son if i retire?Can i get a modification in child support with out a change in custody?

Q: I live in new york and have overnight visitation of my 13 year old son. I pay child support and am planing on retiring in a few months.
A: David's Answer: The fact that you would have alot of free time to spend with your child (presumably as opposed to the other parent) would certainly be a factor the Judge would consider, but only 1 factor amongst many. One cannot say that, in itself, would be a basis to switch custody. Moreover, if you voluntarily reduce your income, you would generally not qualify for a reduction in child support. Schedule a consult with a Bronx Family Law attorney for a full assessment.

What should i do defend myself in court, while being intimidated by my abuser, and judge who won't grant any relief.

Q: My husband has beaten, raped and mentally abused me for many years, He's forced me to terminate many pregnancies, because of his job. I felt like a hostage in my marriage, and I count myself lucky to be alive. I never mentioned to the court he was an abuser, or ever had him arrested. I just said he abandoned me and my children. Because of this I have suffered in court and haven't been treated fairly, and I have lost almost, everything to him. Every time I face him in court I feel victimized, over and over again. I had to defend myself in court we're now at post judgement, and I feel he has taken full advantage of how clean I've made his image look in court.

Mom is considering the possibility of relocating once again. I refuse to let my Daughter leave me again. What are my options?

Q: My 5 year old Daughter has resided at various locations (at least 10 places no exaggeration) in three different states since she was 6 months back in August 2011. As a highly, all-around, involved Father, I am concerned about the well-being and stability of my Daughter going forward, now that Mom is 5 months pregnant with whom she is 'on and off' with, someone who on more than one occasion, placed his hands on her and once threatened my life, admitting to being mentally unstable in a phone conversation back on Aug 31st. Mom relocated from FL on two different occasions, most recent move in July '16, to remain close to the man who hit her, left their FL home because the income wasn't as great and it wasn't the place for him, according to Mom. I can't rest my head believing that the man who left her high and dry quite a few times, will assume full responsibility of the house once their child is born. Mom just informed me that she had to place our child in emergency childcare after school (09.19.16) because the man she continues to have high hopes for, left her out on her own to figure it out. What are my rights as a Father? I just want what's in the best interest! Please help!

Will I get drug tested ?

Q: My child's father has an issue with me moving on with someone else. The child is 10 years old and he wants visitation rights all of a sudden even though he picks him up and drops him off whenever he pleases. Our first court date is sept 19 I wanted to ask do we get drug tested that very first visit?
A: David's Answer: Most likely not - the Father would need to allege you're a current drug user. Moreover, if he's petitioning just for visitation, and not for custody, I wouldn't see how same would be relevant to his petition. Schedule a consult with a Bronx Family Law attorney for a full assessment.

Can I get my two children back from the administration for children's services if the charges are false but I pleaded guilty

QThe judge said that he was going to find me guilty no matter what and the second lawyer I had said to take the guilty plea because she can do nothing to help me.under all the stress that i was put through by them i pleaded guilty under the stress.now the fourth lawyer I have helped me to get some of the evidence I needed to prove the neglect charges are false ,that only my lawyer could get, I got the rest on my own.my first child was taken at birth.my second child was also taken at birth because my first child is in foster care and because I didn't finish all my mandated programs but I finished them all before the termination of parental rights case was started for my second child. Then my third child was taken two weeks after he was born because of the same reasons but he was given back. They don't want to give me back my other two children.my children were born December 2012, July 2014,December 2015.

Can the judge allow me to relocate with my child to Michigan front NY .

Q: My son's father filed for sole custody and he is a drug and alcohol addict. He also is verbally, emotionally and physically abuse towards me. I want to move to my home state with my son for a better quality of life for both of us. My mother ,daughter and siblings are there, i want to go to school and it's cheaper to live as a single parent in Michigan than NY . Will the judge let me do so.

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