New York Family Legal Questions

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458 legal questions have been posted about family law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
New York Family Questions & Legal Answers - Page 8
Do you have any New York Family questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 458 previously answered New York Family questions.

Recent Legal Answers

Grandparent rights when one parent is deceased.

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That would be a case for North Carolina law.
That would be a case for North Carolina law.

name change

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Not without the father's consent.
Not without the father's consent.

can you get release of acd early if you have proof your trying to join the navy

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. An ACD has nothing to do with taking a job.
No. An ACD has nothing to do with taking a job.

In NYS is there an age in which childrren can decide on visitation?

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
There is no specific age set in law other than 18, when they are legally adults.
There is no specific age set in law other than 18, when they are legally adults.

Lawyer signed Affadavit without my consent

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. But you should carefully consider your next steps - presumably showing what was submitted to a different attorney.
No. But you should carefully consider your next steps - presumably showing what was submitted to a different attorney.

Surname change of child, can it be done without consent of other parent?

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. Name change requires consent of both parents.
No. Name change requires consent of both parents.

Can an aunt sue a parent (her sister)for visitation of her nieces/nephews?

Answered 11 years and 5 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
She could file a petition, but she'd almost certainly lose.
She could file a petition, but she'd almost certainly lose.

How can I evict a partner?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Landlord-tenant law in your jurisdiction will provide the answer.
Landlord-tenant law in your jurisdiction will provide the answer.
The short answer is no --  The father is permitted to -- and would likely -- return you and the kids to New York.   What you should do if you need to relocate to OK because of financial issues, support system there, new employment, is to bring an application of your own to relocate based on those factors.  The court will be displeased that he is not working and contributing.   If you can demonstrate that it is in the children's best interests that you move to OK (not sure why OK, but you would have to explain to the court), then the Court might permit you to leave.  It is certainly not favorable to the father than he is failing to support.   Good luck.   Ilysa  ... Read More
The short answer is no --  The father is permitted to -- and would likely -- return you and the kids to New York.   What you should... Read More

what type of lawyer should i contact for a questionable pregnancy for the male side

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The question doesn't even begin to make sense.
The question doesn't even begin to make sense.

Can he prevent me from moving out of state, especially since he will be moving to another county?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
What's your current situation with regard to his visitation? If he moves away and doesn't have visitation on a regular basis it becomes less of a problem. But if your move interferes with his visitation he can seek to block it. Once he's moved, this becomes less of an issue.
What's your current situation with regard to his visitation? If he moves away and doesn't have visitation on a regular basis it becomes less of a... Read More

How fast I can get my child back from tempary custody grandmother?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That depends upon the circumstances.
That depends upon the circumstances.

can i sue my childs law guardian for making me do sexual things with him in order to get my child bavk home?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Show them to the police.
Show them to the police.

would like to sue my adoptive parents for mental and emotional anguish

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
How old are you now? Statute of limitations would seem a serious problem, even if you were able to find a cause of action on which to base a claim.
How old are you now? Statute of limitations would seem a serious problem, even if you were able to find a cause of action on which to base a claim.

if their is no custody order, can the mother sign children out of school where father lives n sign them into school near her?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
You need to file a petition in Family Court seeking visitation, if not custody. Contact a lawyer in your county and discuss the situation.
You need to file a petition in Family Court seeking visitation, if not custody. Contact a lawyer in your county and discuss the situation.

Can my babies father get me for Slander?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
No. That's ridiculous. But so is using his last name if you're not married.
No. That's ridiculous. But so is using his last name if you're not married.

Can you supply the court additional information after you receive a response denying your OTSC for counsel fees?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Rather than trying the litigation yourself have the attorney you hire put in the OTSC.
Rather than trying the litigation yourself have the attorney you hire put in the OTSC.

entitlement for housing

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. It would be handled in whatever way is specified in her will.
No. It would be handled in whatever way is specified in her will.

Sealed deposit box which is in my name

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Your son should go.
Your son should go.

Family court procedure question - NY

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can call her as your witness - but you can't impeach your own witness. This gets complicated - trial procedure is not an easy do it yourself project.
You can call her as your witness - but you can't impeach your own witness. This gets complicated - trial procedure is not an easy do it yourself... Read More

do i have to be on speaker phone if my mother has TEMP coustdy

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The mother did not get custody because she called CPS. But no, phone contact does not have to be on a speaker phone unless the order granting it specifies speaker phone.
The mother did not get custody because she called CPS. But no, phone contact does not have to be on a speaker phone unless the order granting it... Read More

Can a father of a 5 month old infant cut the support payment in half because the child has medical bills? He is working and she is still in school?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If the child support is not court ordered he is not legally required to do anything.
If the child support is not court ordered he is not legally required to do anything.

How do I handle the CPS?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Without more information no one can advise you other than to have a frank disussion with a local attorney.
Without more information no one can advise you other than to have a frank disussion with a local attorney.

Getting paternity test order thrown out?

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That depends upon the circumstances and the allegations in the petition.
That depends upon the circumstances and the allegations in the petition.

Who can get guardianship

Answered 11 years and 6 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It woud be a very difficult case.
It woud be a very difficult case.