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Brian Daniel Perskin

Brian Perskin’s Answers

818 total

  • Do I need a child custody lawyer?

    My daughters father called out of the blue and said he wants full custody. He is amazing with her but I told him he could have joint or visitation. He said he wants more time with her and since him and his new wife works of they can get full custo...

    Brian’s Answer

    Someone is threatening to take your child from you. You most definitely need a lawyer. Custody is determined in the best interest of the child, but there is no way anyone on this forum can tel you for sure what the outcome of your potential case may be.

    I suggest you consult with a local family law attorney and discuss this matter in detail.

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  • Possibilities of a custody arrangement for my goddaughter?

    I want to establish my age before we get into this question; I am 19. My goddaughter is one year old, and has been spending considerable amounts of time with me since she was five months old. She is at my house 2-3 days per week, every week, inclu...

    Brian’s Answer

    It isn't very likely that you would be awarded custody, even if the mother agrees. and not just because of your age.

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  • I'm American in usa my wife is Australian living in Australia. We were married in the usa. How can I file for divorce?

    I live in SC the same town we married in.

    Brian’s Answer

    Hire an attorney. They can file documents on your behalf, and then have your wife served. No big issues, unless she doges service or contests the divorce.

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  • My brother is looking for a good lawyer who will fight in his favor. We see too many times where the husband gets screwed over.

    He has 3 grown kids the youngest is a senior in H.S.. His wife told him last week he will be serviced papers in about 4 weeks So she has started the process.. He needs a lawyer will care enough about his client and who fight to settle this very...

    Brian’s Answer

    I do not know Mr. Greenglass since we practice in different jurisdictions, however, if he has come highly recommended, your brother should reach out to him and schedule a consultation.

    Alternatively, your brother can search for a father's rights divorce attorney in the Pembroke area.

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  • Ex-wife sent me an email saying she no longer wants child support. Is this a plot to try to get more money at a later date?

    50/50 custody. 8 years left of CS. In current Court Order, Ex-wife's income inputted at $4k/mo based on her past work experience, past recent income & ability to earn. She's working a part-time min wage job & living in boyfriend's house in a weal...

    Brian’s Answer

    Do not stop paying until you have an Order modifying your current obligation. If she brings it up, simply tell her you are going to continue to abide by the current order. Hire an attorney if she has you served with any documents.

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  • Can I appeal a judge's decision on my custody case?

    Prior to court, we had a custody agreement with her mother to exchange custody every two months since we live in Arkansas and she lives in Florida. Her resident state is Arkansas. All of her medical care and education is based here. When we went t...

    Brian’s Answer

    You can file an appeal, but you NEED an attorney for this. It is a very complicated process, and can not be completed without representation.

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  • I lost my atty. We agree to settle now. When I sign this at his atty office can he change it before it go to final judgment.

    I paid my atty all of what they asked for to represent me up to mediation, and told him i had nothing left. Then right before we got to mediation he told me that i sould pay thousands more. Now i had to end services with a small balance to them, w...

    Brian’s Answer

    I agree with counsel.

    Your ex's lawyer would be playing with fire if they try to change the terms of the settlement agreement after you have signed. Make sure you keep a copy of the documents you signed, and compare it to what is filed with the courts if you are really worried.

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  • Can I get annulment if husband breaks things throws things when mad

    ello I've been married since September been with him for 7 years lived together for 3 years.

    Brian’s Answer

    If the only reason why you are seeking an annulment has to do with his anger issues, then you won't be granted one. Annulments are harder to get than a standard divorce. In order to be granted an annulment, you must meet one of the following criteria:

    - one or both spouses were under age 18 at the time of the marriage
    - one or both spouses were unable to consent to marriage due to mental incapacity
    - either spouse is physically unable to have sexual intercourse
    - either spouse was incurably mentally ill for at least five years, or
    - the marriage consent was obtained by duress, coercion or fraud.

    I suggest you speak to an attorney in Poughkeepsie about filing for divorce. If you feel that your husband's anger issues are a threat to your safety, seek information about an Order of Protection.

    Best of luck,

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  • Hello and Help. I live in Mass and want to file for divorce from my wife who is an abuser, alcoholic,and does not work.

    I have filed already but pulled it back because I have no support. She tells me all the time if I file i will be put in jail, she sates she will tell them I hit her, and the list goes on. I know the fear is in my mind but what can I do for support...

    Brian’s Answer

    You need to retain an attorney and file for divorce again (assuming you properly had the previous action dismissed). You can also petition the court for an order of protection.

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