Q: I married in Honduras and my wife has remained there since. We had a child a year before we married. Our child was born in Honduras. I was born in Honduras but became a naturalized citizen in my teens. A: David’s Answer: You can file in NY (assuming you meet the residency requirement). However, you may have issues establishing…Read More
Q: through a divorce and I have proof that they’ve been covered since the day they’ve been born. I had to defend myself in Supreme Court, and obtained a letter from my carrier as proof. We just entered into a stip in Supreme Court and should be divorced in less than a year. I am terrified of this particular magistrate…Read More
Q: Am I responsible to 21 even though they moved to CT which has a cut off age of 18. A: David’s Answer: Assuming the order was issued in NY, then you would need to keep paying until 21. You’re alternative is to move to Connecticut, as then you may be able to move for modification there. Schedule a consultation…Read More
Q: I have been in this marriage for 23 years wanting to work things out. Things have gotten worse in few years. Last year had a massive heart attack and things have gotten worse than better. I want to leave the marriage but separate rather than divorce. I want him to pay for kids only because I know he is…Read More
Q: My girlfriend’s sister is constantly abusing me: When i accidentally had all the popcorn, she SCREAMED at me and told me off and criticized me When my Tourettes acted up, she started screaming at me and telling me off and lecturing me and criticizing me When i make a simple mistake (like spilling a bit of water) she screams…Read More
Q: Can you be required legally to stay away from someone without a restraining order or no contact order placed on you? A: David’s Answer: In most instances, this would require an order of protection. That said, it’s conceivable such a provision may be captured in a stipulation or court order without the issuance of a formal order of protection…Read More
Q: I had a relationship that ended poorly, emotionally, but in no way violently. After maintaining some friendly contact after, she began sending strange responses such “if you come to my apt I will call the police” after NO indication either directly or by inference that I intended to do any such thing. In fact after the end of our…Read More
Q: If a man texts his ex swearing at her and criticizing her for breaking up with him in an immature way, is this cyberbullying? A: David’s Answer: It may be, but the question under NY law is whether it constitutes a crime or not. The definition of harassment is “He or she engages in a course of conduct or…Read More
Q: Father has custody, but order says child lives w/ me and visits father every other weekend. Would the father be in violation of the visitation order if he does not return the child during the weekdays? A: David’s Answer: No – to be precise, joint custody addresses decision-making, while visitation addresses the access time each parent spends with the…Read More
Q: My child’s father and I are separated. He is now a citizen and wants to file for our son. My son has recently started living with him. He is in the military. However he needs sole custody in order to add our son to his benefits and get him in school etc. How can I sign this over to…Read More
