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 14
Do you have any New York Family questions page 14 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

If you are not legally separated, yes, you would be the presumptive father.
If you are not legally separated, yes, you would be the presumptive father.

how do i get info about my daughter who is in foster care taken from her father becausevof abuse?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Ask the agency controlling her case.
Ask the agency controlling her case.

Do I have to send my son to his fathers if he is refusing to go?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you refuse visitation the worst thing that can happen is that he will file a violation or petition seeking enforcement and/or change of custody.
If you refuse visitation the worst thing that can happen is that he will file a violation or petition seeking enforcement and/or change of custody.

Out of state visitation

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
He can file a petition in Family Court.
He can file a petition in Family Court.

what rights do I have?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
In New York the age at which a child has unfettered discretion to live somewhere else is 18. You should discuss it with the other parent and resolve the issues.
In New York the age at which a child has unfettered discretion to live somewhere else is 18. You should discuss it with the other parent and resolve... Read More

This question is related to assets when I have a protection order against me issued by a local court.

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That can't be answered without an understanding of what your obligation is to her.
That can't be answered without an understanding of what your obligation is to her.

MY 16 YR OLD WANTS TO CHANGE HIS FIRST NAME

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's a petition in Supreme Court outside of NYC, Civil Court inside NYC.
It's a petition in Supreme Court outside of NYC, Civil Court inside NYC.

Can the court force me take my 11 year old son to visit his father in prison?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Yes, it's possible.
Yes, it's possible.

I need to know if I have any chance at joint custody

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Joint custody is the norm...unless you are completely unfit as a parent and are unable to cooperate in making decisions for the children.
Joint custody is the norm...unless you are completely unfit as a parent and are unable to cooperate in making decisions for the children.

I MARRIED SOMEONE FROM ANOTHER COUNTRY. SHE DIVORCED SOON AFTER RECEIVING HER PERMANENT GREEN CARD. SHE DIVORCED ME. CAN I ANNUL THE MARRIAGE?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Unless you can prove fraud in the inducement to marry you need a divorce, not an annulment.
Unless you can prove fraud in the inducement to marry you need a divorce, not an annulment.

Can I sue my father for pain and suffering, and/or half the costs of my college tuition?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Your mother can sue to enforce the divorce settlement. That's it.
Your mother can sue to enforce the divorce settlement. That's it.

legal name change

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Requires court action.
Requires court action.

Child Support Modificaton

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Contact a local lawyer, discuss your previous petition(s) and get your paperwork processed!
Contact a local lawyer, discuss your previous petition(s) and get your paperwork processed!

How do I get my alcoholic husband out of the house?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
See if there's a low or no cost legal clinic in your area - check with your county's supreme court clerk.
See if there's a low or no cost legal clinic in your area - check with your county's supreme court clerk.

Can I have my kids fathers visitation terminated?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Not on that basis.
Not on that basis.

Will it be legal for Child Protective services to question a 5 year old without a parent or adult present?

Answered 12 years and a month ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Yes. It happens all the time.
Yes. It happens all the time.

stipulation put in place

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It isn't any specific age. You need to have the stipulation reviewed and/or modified.
It isn't any specific age. You need to have the stipulation reviewed and/or modified.

What are my rights to the money I earn, belongings, and living with my parents at age 16?

Answered 12 years and 2 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It is great that you feel you have employment opportunities. Perhaps you and your parents can compromise: what if you attend school part-time or community college at night? That way you can take the job but get all the job security and ability to advance through the work-force that comes from a college degree.  At the end of the day, your parents can't force you to go to college. But, even with a job, your resources are limited. $50k in New York is not much and you don't say what sort of work you are doing - if that work requires physical labor, you might find that you end up hurt and without an education it limits you. More and more the trend is to need more than college, but also graduate school, to make it. Of course that isn't for everyone. If you can talk to your parents and outline a plan for your life, maybe you can convince them to work out a deal with you to either go part-time or delay a few years.  Going to school while you are young is much easier than trying to go back later. If you can't talk to your parents, maybe ask a family friend (an adult) to help you get organized and approach your parents. If they see you are handling this in an adult way and you can present your reasoning in a clear manner, that might help them realize you are close to becoming an adult.  Remember that some of the only unconditional love in the world comes from parents. Think carefully about how to find compromises and preserve what you can with your parents. One day you might both understand eachother better. Good luck.... Read More
It is great that you feel you have employment opportunities. Perhaps you and your parents can compromise: what if you attend school part-time or... Read More

Do I have to take my son to see his father with out custody or support being established?

Answered 12 years and 2 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you feel comfortable, maybe you can offer some access to the child in a public place, where you stay not too far away (maybe a park, museum or McDonalds). One marker for a good custodial parent is trying to encourage the relationship between the child and the other parent. Obviously this has to be done in a safe way. You have no court order for him to see the child, but showing the court that you can support an appropriate relationship will generally help your case. Talk to a lawyer to get a more detailed answer that is specific to the facts of your case. And don't do anything you feel is not safe for you and the child. Good luck.... Read More
If you feel comfortable, maybe you can offer some access to the child in a public place, where you stay not too far away (maybe a park, museum or... Read More

My mother is getting divorced. Will her husband have a chance of getting money from the house?

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That depends - did she have the house prior to the marriage? Did she use separate assets to purchase it?
That depends - did she have the house prior to the marriage? Did she use separate assets to purchase it?

How do i resolve a custody issue when i feel the mother is unstable

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You would have to fight the case in Family Court.
You would have to fight the case in Family Court.

"If I put a Restraining order on someone. okay, its done. that doesn't mean they wont attack me again. is it okay to carry a weapon? or something?"

Answered 12 years and 2 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You would need a permit to carry a weapon. If you put a restraining order on someone - either through the criminal court or the family court - that's it. If you find them following you or violating the order, call the police and report it. Violating an order of protection will result in their arrest. Good luck.... Read More
You would need a permit to carry a weapon. If you put a restraining order on someone - either through the criminal court or the family court - that's... Read More

Bipolar dad no longer taking meds, also refusing to honor child's gluten free diet

Answered 12 years and 2 months ago by Ms. Morghan Leia Richardson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You can go to the Family Court and file a petition to modify custody/visitation. The family court has no filing fees and sometimes people are able to use it without a lawyer. If he gets a lawyer, you should get one too. Figure out what you want to happen and ask for it in your modification petition. The clerks can help you draft it. It is never too late in the process to decide later that you want a lawyer. Good luck!... Read More
You can go to the Family Court and file a petition to modify custody/visitation. The family court has no filing fees and sometimes people are able to... Read More

How can I get my name taken of a morgage after a split from my partner as he loves in the house and is paying the morgage and has been since August hi

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Unless there is a court order affecting the property it's a matter of negotiation.
Unless there is a court order affecting the property it's a matter of negotiation.

Do my children need to be present for a court date on child visitation violation?

Answered 12 years and 2 months ago by Kristen Prata Browde (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That depends upon what the attorney representing them works out with the court.
That depends upon what the attorney representing them works out with the court.