New York Family Legal Questions

Hi First, we don't have common law in New York State.  This man is not her husband.  If your mom has an order of protection against this man, you aren't included in the OP, so there's no reason why you shouldn't be able to stay with him unless he's dangerous and can harm you.  Good luck. Ilysa  ... Read More

Typically in New York any property purchased during the marriage, regardless of title, is considered marital. If you bought the NY home during the marriage it may be considered marital REGARDLESS of whether it is only in your name. So, if he buys a property in Florida during the marriage, in NY it will be viewed as marital REGARDLESS of whether your name is on it.  If you wanted to enter into a post-nup, and you both agree, you could try to carve out who owns what and define what property is marital in such an agreement. Hope that helps. Good luck.... Read More

To my knowledge, there is no case law or statute that addresses whether medication with or without child safety caps need to be store out of the reach of your kids. However, if you do some google research, you will find quickly enough how easily little hands get into bottles with child safety caps -- they are ingenious at accomplishing that.   Child safety caps are not safe. I am sure you adore your kids and would be devastated if one of them was poisoned by medication inside one of those bottles.  Just from a common sense point of view, I would heed your former wife's requests and move those bottles out of the kids' reaches. You certainly do not need to have a litigation brought against you by your wife asserting that you are not keeping your kids safe.  Err on the side of caution here, please.   I realize that having a former spouse dictating terms to you is uncomfortable and annoying but on this issue, i would relent. I hope this helps. Ilysa Magnus  ... Read More