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 10
Do you have any New York Family questions page 10 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

NY

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If it's on a just-filed petition it was not reviewed by a judge.
If it's on a just-filed petition it was not reviewed by a judge.

DNA

Answered 11 years and 7 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If there is an acknowledgment of paternity it would require exceptional circumstances for the court to order DNA. Also, if the child knows the person as his father the court is highly unlikely to order a test.
If there is an acknowledgment of paternity it would require exceptional circumstances for the court to order DNA. Also, if the child knows the person... Read More

if I change my name will my father have to stop paying child support?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. Child support would not be altered by a name change.
No. Child support would not be altered by a name change.

Am I entitled to share my husbands settlement money?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. Settlements of lawsuits are separate property unless they're put in joint accounts.
No. Settlements of lawsuits are separate property unless they're put in joint accounts.

what time is the lastest someone can pick up a child when they have visitation at 10

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The question isn't clear. If the parent picking up isn't on time, speak to them.
The question isn't clear. If the parent picking up isn't on time, speak to them.

conflict of interest

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It is not a conflict of interest. However, when you say "participated in" - does that mean that she was court staff or an attorney working there?
It is not a conflict of interest. However, when you say "participated in" - does that mean that she was court staff or an attorney working there?

reduce child support payments

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Under those circumstances it's unlikely that you can get a reduction.
Under those circumstances it's unlikely that you can get a reduction.

17 yr old moving out without parental consent , is it legal?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. Unless you are 18 you are not considered legally adult.
No. Unless you are 18 you are not considered legally adult.

Should I start negotiations with my husbands attorney via phone if I don't have an attorney. They gave me a deadline or else they file for default.

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can't have a non contested divorce if you haven't agreed on all the issues. Generally it's a very bad idea for a pro se party to negotiate with an attorney.
You can't have a non contested divorce if you haven't agreed on all the issues. Generally it's a very bad idea for a pro se party to negotiate with... Read More

15 yr old Son wants to live with dad and aunt because better school but I Have sole legal custody, can I allow him to do this without losing custody?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can give up residential custody without giving up legal custody...but you will also be giving up child support and, indeed, will have to start paying child support.
You can give up residential custody without giving up legal custody...but you will also be giving up child support and, indeed, will have to start... Read More

How do I legally use maiden name professionally, married name socially

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
There's nothing special that you have to do as far as the court system is concerned. You may wish to consult your licensing board just to be on the safe side, but it's a quite common practice.
There's nothing special that you have to do as far as the court system is concerned. You may wish to consult your licensing board just to be on... Read More

What do I have to do to move out of state with my children, if I am not with their father?

Answered 11 years and 8 months ago by attorney Ilysa M. Magnus   |   1 Answer   |  Legal Topics: Family
Hi   there are a number of things you may be able to do becaquse of the father's lack of involvement in the children's lives, his failure to support, etc.   You could seek to terminate his parental rights which may cause him to try to insinuate himself into the kids' lives again, which you don't want.  what i would recommend is that you petition for sole custody of your kids, but you will need to attempt service at his last known address.  Once you obtain custody of the kids, you can petition the court for the right to relocate.  This is all a time consuming process so, if you want to leave sometime early next year, i would start the process now in Family Court n your county.     Good luck... Read More
Hi   there are a number of things you may be able to do becaquse of the father's lack of involvement in the children's lives, his failure to... Read More

Lawyer's license/registration records

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Yes, on the NYS Office of Court Administration website...
Yes, on the NYS Office of Court Administration website...

Paying for ex-spouse's lawyer's fees

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That depends upon the wording of his settlement agreement and/or the ruling of the court. If he's at fault he may have to pay.
That depends upon the wording of his settlement agreement and/or the ruling of the court. If he's at fault he may have to pay.

Need a local lawyer

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Look for an experienced Family Lawyer in your county.
Look for an experienced Family Lawyer in your county.

Legal Name Change for My Daughter

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can file a petition in a Supreme Court anywhere in New York State, or, if you living in the City of New York you can file in Civil Court.
You can file a petition in a Supreme Court anywhere in New York State, or, if you living in the City of New York you can file in Civil Court.

Can i get child support in NY?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If he is in New York you can seek support in the courts here. There is no need to appear personally - you can appear by an attorney. However there is no such thing as charging someone with verbal violence.
If he is in New York you can seek support in the courts here. There is no need to appear personally - you can appear by an attorney. However there... Read More

my ex wife married a level 3 violent sexual offender, can he legally be around my children?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can seek to have your custody order modified...
You can seek to have your custody order modified...

I need a family lawyer in Bath new york

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Steuben County undoubtedly has a fair number of family lawyers - call some!
Steuben County undoubtedly has a fair number of family lawyers - call some!

If department of social services case is dismissed would i still be obligated to follow their menu in a separate case??

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's not clear what you mean by menu or a separate case.
It's not clear what you mean by menu or a separate case.

If a mother waits till over a year to go to court does the possible father have to pay areers?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Arrears never go away...and accrue whether or not a violation petition has been filed.
Arrears never go away...and accrue whether or not a violation petition has been filed.

unmarried parents and a child's legal birth name

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Not necessarily. But it's not important, either. The father has the same rights no matter what the child is named.
Not necessarily. But it's not important, either. The father has the same rights no matter what the child is named.

i have green card and im pregnant how i can bring my husband to the USA?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
By following the appropriate immigration service procedures.
By following the appropriate immigration service procedures.

child support rears

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If there are arrears the CSEU can collect them.
If there are arrears the CSEU can collect them.

Can my stepmother evict me if the house is in my name?

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If she doesn't own the house or have guardianship rights that grant her effective control she can't evict anyone. Only the owner can.
If she doesn't own the house or have guardianship rights that grant her effective control she can't evict anyone. Only the owner can.