New York Family Legal Questions

It sounds like you are either seeking to have people other than your parents become your legal guardians, or become an emancipated minor.  If it's the first option, there would need to be a discussion with those people. If it's the second option, that becomes more complicated, but it's possible for your to become your own "legal guardian", but that would ultimately be determined by a judge- as would a change of guardianship. More details are definitely needed in order to advise you.  ... Read More

The ex cannot dictate who is around her daughter during the father's parenting time- only a judge can do that, and a judge will only set limitations if there is a danger of harm to the child. If you live with the boyfriend and the child and the ex has a good reason to suspect child abuse, she can start an investigation with child protective services and then a social worker will come to the house to meet you. But neither a social worker nor a judge can force you to meet the mother.  However, if you are involved in a serious relationship with this man, there will be school and other events at which the mother will inevitably be present- so eventually you'll have to meet her, and act in a pleasant and civil manner, which the father should do, as well.  I assume you don't have children. If you did, you'd understand that it is completely reasonable for a mother to want to meet a person who spends a lot of time with her daughter.  So just do it. By resisting meeting her mother, you're sending the wrong message to the daughter.  ... Read More

There is no simple answer to this question and you definitely need a lawyer. There have been cases where over-zealous cps agencies removed children from otherwise decent but low-income parents, and attempted to terminate their parental rights, only to have the parents eventually win. Every case is individual and no lawyer can give an opinion on your chances of doing that without reviewing the particular facts of your case.... Read More

You are correct- your parents were free to spend their money as they chose, and their residuary estate (the money and assets they left behind) must be distributed according to their wills, if they had any, or   the laws of intestacy if not. Your brother can't have "access" to the checking account of deceased people- that is not how it works. Either he was appointed legal representative or he wasnt. I would be concerned if I were you that he's taking matters into his own hands to correct what he perceives as an injustice. You have a right to know, either way.... Read More

Although he has the burden of proving his allegations, you should start documenting your efforts to make your child available for visits in texts or emails. And his support payments should come to you through the Child Support Enforcement Unit (CSEU) so he doesn't fall behind. File a cross-petition for support arrears. ... Read More

A change in visitation has no effect on your child support obligation. You have to pay whatever the court order says you have to pay- it is not contingent on visitation. (I don't think you mean custody.)  The statute of limitations for child support claims is 6 years, so she's perfectly entitled to any monies owed 4 years ago. ... Read More

You can bring orders to show cause to vacate the orders of protection in the courts that issued them. If your wife appears in court and consents, or fails to appear, they may be removed if you can prove they should be. But if your wife has a lawyer and your son has a law guardian (a lawyer for the child appointed by the court), they may not be removed, depending on why they were issued in the first place. Contact the court for resources to find a parenting class and/or anger managment therapy, assuming either or both of those are relevant to why the OP was issued.  When you go to court for the hearing on your order to show cause, bring proof you are attending. That will help. ... Read More

What IS it with you unwed fathers this week?? Let's break this down. You want to know if a judge would give you, a single father with no other kids who never married the mother of his unborn baby, and is moving thousands of miles away from the mother, for his career, which the mother cannot do given she has two teenagers, would give YOU full custody of a newborn baby What do YOU think? New Jersey law will determine custody in this situation, and I am a NY lawyer, but I will go out on a limb here, although you must check with a New Jersey attorney.  HELL NO. You will not be awarded custody of your unborn baby unless you can prove the mother is unfit- but first you must prove you're the father. It is YOUR burden to prove that. Yes, the mother is thinking of herself. You both knew pregnancy was a possibility since you previously discussed it- and you could have prevented it.  And evidently she had the impression you were ready to be a dad, and apparently you are, since you want full custody of your unborn baby.  Clearly you never told her unequivocally that you don't want to marry her, since your baby mama is now hoping you will.  And her plan is if you leave her, at least she'd have a new baby. This is understandable. Single parents of teen, who even at age 16 have their own lives, start to feel lonely. (Notice the sharp increase in small dog ownership among that population if you look around your neighborhood.)  Evidently, while your girlfriend is prepared to have the baby, she must be in love with you, since she'll have an abortion if you marry her.  First of all, I beg you not to do something as reprehensible as pretend you'll marry her just so she has an abortion. I saw a Law and Order episode with that plot and believe me, it did not end well for anyone. Second of all, if you really want full custody of the baby, ASK.  Her answer might surprise you, since she's ready to have an abortion, and so is clearly ambivalent. If she says yes, you'd better have a great child care plan in place, and if not, be prepared to take the first few months of work off after the baby is born while you get one. If she says no, ask if she'll share legal (not physical) custody of the baby.  If she says no to that too, you still have to pay child support. Directly to her (who else- were you hoping to pay it directly to the baby?).  After you start regularly paying support, you'll have a very good case for court-ordered visitation, if necessary, particularly if the mother puts your name on the birth certificate, you sign an acknowledgement of paternity, register with the Putative Father Registry- and make yourself a positive presence in your baby's- and yes, in your baby mama's - lives.         ... Read More

Grandparent visitation is awarded only when the grandparent has established standing, due to special circumstances, and the court has determined visitation is in the best interests of the child.  Even if the grandmother is not smoking in the same room as the child, your child can come home reeking of smoke just by being in a room or car that has been previously used by heavy smokers. Ask the grandmother if you can bring her an air purifier to start using in the room where your child visits, and to air out the room by opening windows, if possible.  You don't want to cut off visits because of the cigarette smell, but you shouldn't have to ignore it, either. ... Read More

When you negotiated your divorce, that was the time to put everything in writing. If the business made money (you don't say), you likely have no claim to any profits. If you had the assistance of an attorney during your divorce, and this was a profitable business that was not somehow factored into your divorce agreement, you should probably have your divorce agreement reviewed by another attorney, because that could have been a major oversight amounting to legal malpractice. You also say your ex demanded you leave your house when it was in pre-foreclosure, or he would not help you- that begs many questions. Did you have equity in it? Was it ultimately foreclosed? Sold? Did you get any of the proceeds? I assume you had custody of your then-minor children. If so, your ex was OBLIGED to help you- it's the law, and it's called child support. Was he not paying child support? Is he paying any now? If your ex was supposed to buy you a house that should have been in your divorce agreement. If it wasn't, you cannot enforce such a promise. However, he should still be paying you child support for your 12 year old, and if you feel he's not paying enough - if for example his salary increased since your last support order- you should be entitled to an upward support modification. If your 12 year old has special needs and your ex isn't helping you cover those expenses, you can ask the court to order that, as well. If he owes you back support, you are entitled to take him to court to make him pay that, too.   ... Read More

As long as you can prove ownership of the car with a valid registration, you can start an action for replevin to get your car back. If the car isn't registered to you but you can prove you paid for it, have been paying to maintain and insure it and have had the exclusive use of it, you still might win.... Read More

In New York, if a married person dies without a will, the surviving spouse is entitled to the first $50,000 in the estate plus half of the remainder, and the other half is divided equally between their children.  The ownership of the house depends upon how the deed was drafted. If the deed refers to your parents as "husband and wife" or "tenants by the entirety", your mother's share of the house automatically passed to your father when she died. His intestate share ($50K plus 50% of the estate) may be made up in part or completely by the value of your mother's share of the house. However, if the deed says your parents owned the property as "tenants in common" (unusual for a married couple unless they purchase the property late in life, and have children of other marriages)- or if the deed does not state they were husband and wife or tenants by the entirety, your mother's share of the house belongs to you- IF there is enough value in the rest of the estate to satisfy the statutory requirement that your father gets the first $50,000 plus half the estate. For example, if your parents were tenants in common in the house and your mother left a million dollar estate which included the value of the house, and the house was worth $300,000, your father would get $550,000 ($50K + 500K), and you would get your mother's share of the house (worth $150K) and the residue of the estate, $300,000. You would then become a tenant in common (50% co-owner) with your father.  If you wanted the value of the house immediately, your dad would need to buy you out, or you would have to take him to court and seek a partition and judicial sale. Otherwise, since you are the only child, you will own the whole house when your dad passes away.... Read More

This is a tricky one because a lot will depend on how much you can prove.  The standard for having custody of the children is the children's best interests.  If your wife is drinking heavily, that cannot be in their best interests.  This particular question would really be fact sensitive - i.e. does your wife have a history of drinking, how old are the children, etc.... Read More

If you are a recipient of life time alimony, maintenance or spousal support, your entitlement would not end because you left the state and in fact, you could enforce your order from any other state.  If, however, you are leaving the state to cohabit with an unrelated partner, or to take a job, it might have an impact.  If you have an agreement it should specify what circumstances would trigger a discontinuance of the alimony.  Please let me know if you have any questions.  ... Read More

If you have joint legal custody you might need to go to court to have the matter resolved, since you can't seem to agree.  I suggest you consult an attorney immediately to get a temporary restraining order restraining your husband for following up on his plan and then ask for a final restraining order against that activity when you get to court.  You can also file for same on your own in family court, but it may take longer.  Parenthetically, your jurisdiction may play a role in this - in other words if you are upstate, this activity may seem more acceptable than if you are down state.  Please let me know if you need any assistance.... Read More

Hi As part of your separation agreement, did your attorneys have a Qualified Domestic Relations Order prepared with respect to your husband's pension?   You will need that document in order for the plan administrator to divide the pension payments.  Otherwise, there is nothing that directs the plan administrator to do anything with that pension -- so it's critical for you.   Since i don't know what pension this is and have no idea of the plan requirements, i don't know when you would be qualified to take.   As for a "legal" separation becoming a divorce, no, unfortunately, never.   One of you will be required to start a divorce action (it doesn't matter who) and you can use the no fault statute to seek the divorce.  You just have to ensure that you seek to incorporate by reference your agreement.  You should speak with your attorney about moving ahead to obtain a divorce as well as to ensure that your rights to your husband's pension are protected. Good luck! Ilysa Magnus ... Read More

Hi Assuming you are actually the children's caretakers, your fiance should be applying to the Court for a modification of custody. It's no longer 50/50.  At that point, he will be able to put the children on his health insurance and require her to make a contribution because the original contract directed her to maintain insurance for the kids.   Also, if he is paying child support, he should seek a termination of those payments.  If she is working, then she should be contributing to the support of the children because they live with you. Good luck Ilysa Magnus  ... Read More

Your mom has the right to dictate who is allowed in her home. If you want to date this person, you'll have to do that under her rules until you are 18.  Keep in mind your mom is trying to raise you and keep you safe - think about what you would do if you were a mom and your daughter was letting a much older boy over without supervision. Talk to your mom about responsible ways you can go on dates.... Read More