Q: It’s been 11 years and matured and want to be apart child's life. A: Since you've long-since legally abandoned the child, the Court will consider that as a strong factor against you in determining the extent (if any) of your visitation. If the Court's inclined to grant visit, I see the probable scenario being that you'll have supervised visits…Read More
Q: Respondant did not get served order to show cause for a custody modification. An inquest was scheduled and a modification, terminating visitation, granted, along with the judge, of her own accord, conducting and providing background check results, such as warrant, arrest, and jail records, information to petitioner. Is it not the duty of the judge to see to it…Read More
Q: So me and my soon to be ex-wife decided we did not want to go through the terrible reality of fighting in court and actually have a very functional relationship. So we decided to go the uncontested route, in doing so I hired a lawyer and we drew up a 70 page separation agreement which we are using as…Read More
Q: My child’s father accepted child support with no acknowledgement of paternity, the judge asked him if he wanted one and he said he did not, Judge then told him he cannot ask for another one at any time and he was put on child support. Can he get off of child support even though he isn’t in my child’s…Read More
Q: There was a domestic violence case in 2014 and 2015 between the two parties, who share a child. There hasn't been any communication between them since the accused has been incarcerated, but the protected person would like to be able to communicate and co-parent with their ex without the fear of him being charged with contempt. The order expires…Read More
Q: When your financial documents are submitted in a child support case as evidence/exhibits for a fact finding hearing....can parties of the case request the court for a copy of these documents? A: You can - but you're best advised to keep copies for yourself. Indeed, all exhibits should be copied to each side - so if you did not…Read More
Q: My daughter lives with my ex full time and applied for child support. My mom and dad live in Ireland. I help pay for their apartment, health insurance and groceries. Since they do not live with me, I can not claim them as a dependent. I have a fact finding hearing next week. Will the judge consider the expenses…Read More
Q: My kids father and I are have a custody case. As of now there is no custody order in place. For the past 1 1/2 we have shared visitation with challenges. He has the kids Tues 7am-Fri 5pm and I have Fri-5pm-Tue 7am. Lately he has been asking for more time with the kids because he states it is…Read More
Q: I’m currently on child support, have been for the past 4 years. I’m not on the child’s birth certificate and do not want any contact or visitation with the child due to her mother putting a case on me for false accusations in the past. I wanted to know if I have rights and if I do can i…Read More
Q: I am getting a divorce and wondering how to treat separate property, specifically our individual retirement plans that we had prior to getting married as well as real estate that my husband owns in NYC. Are appreciation and interest accrued while we were married split evenly? A: Retirement assets are generally divisible based on the active appreciation from time…Read More
