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 11
Do you have any New York Family questions page 11 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

As the custodial parent, my live in boyfriend provides me with childcare, does that qualify for reimbursement from the noncustodial parent

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's unlikely that a court would grant you reimbursement under those circumstances.
It's unlikely that a court would grant you reimbursement under those circumstances.

court attorney referee

Answered 11 years and 8 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. Court attorneys do not make decisions. They recommend decisions to judges.
No. Court attorneys do not make decisions. They recommend decisions to judges.

changing judge

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's impossible to answer - because the question isn't at all clear.
It's impossible to answer - because the question isn't at all clear.

If child lives in NYS with noncustodial parent, does he have to pay child support to custodial parent in RI?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Yes, payment must be made for now - but if the child is residing with the other parent that other parent should file a petition in Family Court to change custody and stop the payments.
Yes, payment must be made for now - but if the child is residing with the other parent that other parent should file a petition in Family Court to... Read More

my ex husband and i have joint custody i need to leave the state if new york and he leaves in a room with my 17 year old son can i take her with me?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
What do you mean he won't let you go? Does he have a court order forbidding it? Or is there an order that prevents it?
What do you mean he won't let you go? Does he have a court order forbidding it? Or is there an order that prevents it?

I have been summoned to appear in family court for visitation modification in a state that I do not live in. I have not live there for over 5 years.

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You would have to check with the court in Mississippi.
You would have to check with the court in Mississippi.

Does a parent with specific visitation have the right to remove the child from their school at times other than their scheduled visitation?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The stipulation must be obeyed - and no court would interpret it as allowing a child to be removed from school.
The stipulation must be obeyed - and no court would interpret it as allowing a child to be removed from school.

do I have legal rights the woman I've been living for 7 years

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
I'm not sure exactly what you're asking, but if it's about your child you can go to Family Court and seek custody, even if you are not married to the mother.
I'm not sure exactly what you're asking, but if it's about your child you can go to Family Court and seek custody, even if you are not married to the... Read More

Legal rights of spouse but not biological father

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Because the child was born during the marriage your husband is presumptively the father. That presumption can be overcome- but this is a complicated issue, not easily discussed in short typed answers.
Because the child was born during the marriage your husband is presumptively the father. That presumption can be overcome- but this is a complicated... Read More

Can a father get custody of a child by claiming neglect when the custodial mother leaves the child with HER mother 90% of the time?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Leaving them with the grandmother doesn't sound like neglect.
Leaving them with the grandmother doesn't sound like neglect.

my ex husband is refusing to follow the visitation order we created in mediation which has been signed by a court. He refuses to pick up his children

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can seek enforcement through the court - but it's not likely to work. Courts are not particularly good at getting people to be better parents.
You can seek enforcement through the court - but it's not likely to work. Courts are not particularly good at getting people to be better parents.

family law

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
See if low or no cost divorce assistance is available in your county. Alternatively, if your husband has enough money he can be required to pay for your attorney.
See if low or no cost divorce assistance is available in your county. Alternatively, if your husband has enough money he can be required to pay for... Read More

Marital Home

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you made a separate property contribution you can recover the value of that contribution. However, if you contributed salary only or marital assets you are entitled only to an "equitable" share. What equitable is can be argued... but arguing pro se against an attorney is unlikely to yield very good results.... Read More
If you made a separate property contribution you can recover the value of that contribution. However, if you contributed salary only or marital... Read More

is it possible for the father to have full custody of his kids and will have to give his soon to be ex wife permission to see the kids?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's possible, though somewhat unlikely - it depends upon the facts of the case.
It's possible, though somewhat unlikely - it depends upon the facts of the case.

can I change my son's last name being that is father has never been in his life , I have full custody and I have an active restraining order.

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Not without the father's signature.
Not without the father's signature.

how can i get the wife of my deaceased kid's dad to pay child support

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can't.
You can't.

I am married in the philippines, I am a permanent resident and my wife is not and still lives there, can I file for a divorce in the usa?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you meet the residency requirement in a state you can file there.
If you meet the residency requirement in a state you can file there.

Can I sue the entire family court system? Because I feel they are all working together with the lady who is trying to have custody of my son.

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Sure - if you want to get laughed at. 
Sure - if you want to get laughed at. 

can my child's fathers rights be taken away?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
What rights are you referring to?
What rights are you referring to?

I am I entitled to child support and my arrears

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Arrears never go away, so if you are entitled to them you can still collect them. What, if any, child support should be paid will depend upon the order set by the court.
Arrears never go away, so if you are entitled to them you can still collect them. What, if any, child support should be paid will depend upon the... Read More

Doctor bill

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you don't show up for a hearing or appear by telephone your petition will be dismissed. You presumably can re-file - but you do have to appear, or hire an attorney to appear on your behalf.
If you don't show up for a hearing or appear by telephone your petition will be dismissed. You presumably can re-file - but you do have to appear, or... Read More

My husband had to move out of our home after I got a order of protection. Can he come back into home after order has ended?

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can seek exclusive use and occupancy when you file for divorce.
You can seek exclusive use and occupancy when you file for divorce.

If my son lives in a residential facility do i have to pay child support to the mother? He lives in MA and I live in NY.

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
File a petition in Family Court seeking to end the support payments.
File a petition in Family Court seeking to end the support payments.

Living abroad can Icange the name of my child

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You may be able to do it in the country in which you reside. To do it in New York both parents will have to agree and there may be other hurdles - and costs.
You may be able to do it in the country in which you reside. To do it in New York both parents will have to agree and there may be other hurdles -... Read More

I'm looking to get out of a ten year relationship with my boyfriend, whom we have a child with and would like some insite on what I need to do.

Answered 11 years and 9 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you're looking for custody you need a petition in Family Court.
If you're looking for custody you need a petition in Family Court.