Joy S. Rosenthal's Answers

Joy S. Rosenthal
New York Family Law Attorney.
Contributor Level 7

2

Attorney answers:

  1. Joy S. Rosenthal
  2. David Alexander Browde

Acs came to my house and threaten me in front of my kids about absense now my kids are in fear, what should i do?

Asked by a user in Bronx, NY - almost 2 years ago.

This is a very tricky situation. The ACS caseworkers have the power to bring a case against you in Family Court, and possibly to place your children in foster care if they believe there is an "imminent risk of harm" to them. This is usually due to neglect, not abuse. Be polite and respectful to the caseworkers (even if you don't feel that way), and cooperate with them. Clean and organize the apartment as best you can - ask a friend or neighbor to help if you need it. Make sure there is...

1 person marked this answer as helpful

5

Attorney answers:

  1. Mary Katherine Brown
  2. Eric Matthew Milner
  3. Benjamin J Lieberman
  4. Joy S. Rosenthal

If you're a miner, how can you stop your parents from seeing medicel records?

Asked by a user in Brooklyn, NY - 4 months ago.

I notice that you are writing from Brooklyn. If your friend is a NYC resident, she can get get free, confidential medical assistance at The Door - (212) 941-9090. She will have to become a member, but that is free also. She can also consult with a lawyer there to answer any legal questions she might have, and they have counseling as well.

5

Attorney answers:

  1. Mary Katherine Brown
  2. Eric Matthew Milner
  3. Benjamin J Lieberman
  4. Joy S. Rosenthal

If you're a miner, how can you stop your parents from seeing medicel records?

Asked by a user in Brooklyn, NY - 4 months ago.

I notice that you are writing from Brooklyn. If your friend is a NYC resident, she can get get free, confidential medical assistance at The Door - (212) 941-9090. She will have to become a member, but that is free also. She can also consult with a lawyer there to answer any legal questions she might have, and they have counseling as well.

3

Attorney answers:

  1. David Alexander Browde
  2. Joy S. Rosenthal
  3. Adam J. Peretz

Hello a real difficult situation I put myself in . 5 years ago I signed a seperation agreement that a mediator wrote up stating

Asked by a user in Newburgh, NY - over 1 year ago.

The short answer is that it is not clear whether or not you can open up the agreement - you will need to have a lawyer review the document and also speak to you about the conditions under which you signed it. You state that your husband is a mental abuser, which leads me to think that you would do well to contact an organization that works with victims of domestic violence (see link below). Try to schedule an appointment with a lawyer who specializes in family law. Bring your separation...

1

Attorney answers:

  1. Joy S. Rosenthal

Can i get custody of my brother or adopt him.

Asked by a user in Rochester, NY - almost 2 years ago.

Parents generally have the right to raise their own children. You can file for custody of your brother in family court. You will have to serve both your mother and and Rynn. If they object, you, as a non-parent must prove to the court that there are "extraordinary circumstances" here. It is a high burden, but not impossible. Before you file, ask yourself if it is realistic for you to care for your brother. Can you be home every night to be with him? (I assume he is young.). Do you...

2

Attorney answers:

  1. Jonathan Beau Dial
  2. Joy S. Rosenthal

I have sole coustady of my children.with no contact from father in almost 3years. can my husband now adopt with out his consent?

Asked by a user in Warsaw, IN - over 1 year ago.

The right to raise one's children is a fundamental right, and is not treated lightly by the courts. In order for your husband to adopt, their biological father's rights must either be terminated or he must consent. You might want to contact the father to see if he would agree to sign such a consent. You will need an attorney to represent you.

2 people marked this answer as helpful

1

Attorney answers:

  1. Joy S. Rosenthal

If a child is raised by a man and the man considered him a son but didnt adopt him..didnt leave a will..can the child inherit?

Asked by a user in Florence, SC - over 1 year ago.

Probably niot There is a concept of equitable adoption, but courts apply it very rarely. It has been used in the past where an adult was a foster parent who was in the process of adopting. I believe it has also been used where an adult child had a disability and was going to require continuing support. Based on the facts you provide, it does not appear that you meet either of these criteria. Check with a lawyer in your jurisdiction.

1 person marked this answer as helpful

2

Attorney answers:

  1. Steven R. Simkins
  2. Joy S. Rosenthal

Termination of fathers rights to let step father adopt

Asked by a user in Marlette, MI - about 1 year ago.

In NY, the biological father could sign an "Extra-judicial Consent" to allow your husband to adopt. While your son's father would not have to pay child support any more (upon your husband adopting), he also would not have the right to see or to raise your son. You should speak to a MI lawyer - if the law is the same, your lawyer can draw up the consent form and send it to your son's father. The MI lawyer can also discuss with you the possibility of terminating his rights if he does not...

4

Attorney answers:

  1. Frank Wei-Hong Chen
  2. Irwin H. Joseph
  3. Keith A Davidson
  4. Joy S. Rosenthal

Can a turst attorney force mediation?

Asked by a user in Culver City, CA - about 1 year ago.

The courts often suggest or require that the parties at least try mediation before beginning a contested case, in part to avoid court time and costs. This is particularly true when the parties are family members, as in your case. Mediation works best when there is a balance of power between the parties - that is, when each participant feels comfortable speaking for herself or himself. A good mediator will draw each party out. The parties should agree on a mediator - if not, the...

2

Attorney answers:

  1. Scott Allen Scholl
  2. Joy S. Rosenthal

Can my fiance' adopt my daughter once we are married?

Asked by a user in Little Rock, AR - over 1 year ago.

The first question is whether or not unmarried couples can adopt in your state. The next question is whether your daughter's father will agree for your fiance to adopt. If so, he can sign a consent. If he does not consent, or if you are not in touch with him, you must at least be able to give him proper notice of a pending adoption. He will have a certain time to respond. If he does not respond in that time, you can go forward. You and your fiance will also have to agree that he...