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 12
Do you have any New York Family questions page 12 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

Is child support in NY, first come, first serve?

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It is not first come, first served. The father has an obligation to support all of his children. The formula is the same regardless of the number of mothers involved.
It is not first come, first served. The father has an obligation to support all of his children. The formula is the same regardless of the number of... Read More

Relocation

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
File a petition in Family Court seeking to block the move.
File a petition in Family Court seeking to block the move.

Child support & Maintenace, In contempt

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Try again.
Try again.

How do I proceed pro se when the defense is left to present their witness

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Noone can advise you on what is required in your specific case without understanding exactly what is going on. If forms are involved, see your court clerk.
Noone can advise you on what is required in your specific case without understanding exactly what is going on. If forms are involved, see your court... Read More

Will a notarized letter be a valid proof for an order of protection case?

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. The letter is hearsay; live testimony is needed.
No. The letter is hearsay; live testimony is needed.

What legal abilities does a runaway house have over parents/legal guardians

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That depends upon the age of the child.
That depends upon the age of the child.

How can my daughter get her personal belongings out of my ex-husband and her fathers house .

Answered 11 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Assuming that he still has possession of the house, one further prompt effort, via certified mail should be made. If that is to no avail, then you may be forced to have to engage an attorney to demand the property, and if needed, to bring suit to have a court force him to provide access to remove her property. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
Assuming that he still has possession of the house, one further prompt effort, via certified mail should be made. If that is to no avail, then you... Read More

can you sue a person for promising you marrage and 14 years later still no marrage. for deceiveing you and missleading you?

Answered 11 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The question is whether the promise amounts to a contract that was breached. The analysis of whether the deception creates a viable claim in court requires an extensive discussion of the facts, that should be provided in a consultation with a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
The question is whether the promise amounts to a contract that was breached. The analysis of whether the deception creates a viable claim in court... Read More

Seeking quality of life for family and self but have a huge issue. Please help. What can I do with a wife that doesnt want to relocate for the better

Answered 11 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
This appears to be a question of whether you can relocate and how this will affect the family unit and your health. The fact that you have an economic benefit to relocation will play a significant role in the decision-making. You should consult with an attorney. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More
This appears to be a question of whether you can relocate and how this will affect the family unit and your health. The fact that you have an... Read More

i live in newyork.and am trying to relocate to georgia,and i have a daughter that is going to be 16 in july,and another that is going to be 22 in july

Answered 11 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You have primary custody of your children. A sister-in-law has no rights concerning your children. That being said, you have a difficult situation that clearly requires you consult with a qualified family law attorney, who can explain the law of 'relocation', and to help you to arrive at a strategy that will work for you and your children, and alleviate your fears. Gerry Wendrovsky, Esq.- Upper West Side Family Law Lawyer www.upperwestsidelawyer.com... Read More
You have primary custody of your children. A sister-in-law has no rights concerning your children. That being said, you have a difficult situation... Read More

How do I claim paternity of a child in NYC if I don't know where she is and didn't sign her birth certificate.

Answered 11 years and 10 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You will first need to determine where she and her mother live. You should understand that you will not be able to force the mother or the child to leave the United States. If you indeed do seek to have a part in your daughter's life, that you will likely have to do so under the constraints of a Family Court that will require the payment of child support, at a minimum. It is also likely that for a substantial period of time, you will not be able to have the child leave the USA, for purposes related to visiting you and your family overseas. Your first step should be to consult with a qualified and experienced family law attorney. Gerry Wendrovsky, Esq.- Upper West Side Family Law Lawyer www.upperwestsidelawyer.com... Read More
You will first need to determine where she and her mother live. You should understand that you will not be able to force the mother or the child to... Read More

Child Custody

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
There are two kinds of custody in New York: legal and residential. Legal means decision making - what schools does the child attend, who are the doctors, etc. Residential means where the child lives. It is extremely unusual for a court to grant 50-50 residential custody under any circumstnaces, particularly where the father has been absent for half the child's life. On the other hand, joint legal custody is the norm.... Read More
There are two kinds of custody in New York: legal and residential. Legal means decision making - what schools does the child attend, who are the... Read More

can my husband kick me out of the apartment where both our names are on lease?

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No, he can not kick you out. Consult a local lawyer ASAP.
No, he can not kick you out. Consult a local lawyer ASAP.

Can I appeal an order of protection? I did not have an attorney.

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
No. But you can fight the underlying case and/or appeal if you're within time limits.
No. But you can fight the underlying case and/or appeal if you're within time limits.

My son will be going to college in 2 years. Is his biological father responsible for some or all of the tuition?

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Not necessarily - what does your support agreement or order say?
Not necessarily - what does your support agreement or order say?

How difficult is it to petition to relocate when the father has not exercised his visitation rights.

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It there is  no visitation occuring it will be difficult for him to argue that moving is not in the best interest of the children.
It there is  no visitation occuring it will be difficult for him to argue that moving is not in the best interest of the children.

i got the green card ..my question is it obligatory to live in NY as my first touch or it is possible for me to live in other state .thanks

Answered 11 years and 10 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you have a green card there is no restriction on where you live in the United States.
If you have a green card there is no restriction on where you live in the United States.

my father got married less then 1 yr ago in kentucky he left his wife more then 6 months ago been in nys whole time he recently passed

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If she's the wife she has certain rights. Negotiate.
If she's the wife she has certain rights. Negotiate.

can child support freeze a persons account if they are not legally marry

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If it's a joint account they can seize it.
If it's a joint account they can seize it.

How to answer a petition or get a petition dismissed before court date

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If the questions involved are questions of fact you won't be able to do that. If the petition is defective, that's another story. Contact a local attorney and have the document reviewed.
If the questions involved are questions of fact you won't be able to do that. If the petition is defective, that's another story. Contact a local... Read More

how to evict faimly member

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Landlord-tenant court is the place to start.
Landlord-tenant court is the place to start.

how to get a passport for a minor

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You need the signature of both parents. The instructions are available on the Department of State website.
You need the signature of both parents. The instructions are available on the Department of State website.

How can i change a custody agreement and give my parents guardianship?

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Petition in Family Court.
Petition in Family Court.

Annulment and almoney money demands

Answered 11 years and 11 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
What Court? In Pakistan?
What Court? In Pakistan?

is a staff attorny qualified to represent me in a child custody case . I am a low income grandmother going for custody of my granddaughter

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