Brian Daniel Perskin’s Answers

Brian Daniel Perskin

New York Divorce / Separation Lawyer.

Contributor Level 12
  1. Child in question lives with mother, who has recently moved but has not provided the address to the father. Any legal recourse?

    Answered 3 months ago.

    1. Brian Daniel Perskin
    2. Mario David Cometti
    3. Cheryl Ann Berzer
    4. Peggy Margaret Raddatz
    4 lawyer answers

    Sounds like she is in violation of the agreement. Contact an Erie County family law attorney for a consult, and to file papers in Family Court.

    3 lawyers agreed with this answer

  2. My wife and I are both US citizens. We got married in the Dominican republic. I haven't seen her in 5yrs I want a divorce.

    Answered 3 months ago.

    1. Lawrence Allen Weinreich
    2. David Zaslavsky
    3. Mary Katherine Brown
    4. David Alexander Browde
    5. Bradley Michael Carter
    6. ···
    9 lawyer answers

    If you can prove to the courts that either you, your attorney, or a private investigator can not locate your spouse, then you can proceed with a divorce by publication. This process is tricky, so consult with a matrimonial attorney asap

    3 lawyers agreed with this answer

  3. I inherited $30,000.00 from a aunt and put it in a joint bank account with my eldest daughters name on it as well.

    Answered 3 months ago.

    1. Douglas Shaun Kepanis
    2. Eric Edward Rothstein
    3. Bryan Lane Berson
    4. Brian Daniel Perskin
    4 lawyer answers

    While separate, the account still needs to be listed in your SNW.

    3 lawyers agreed with this answer

  4. If my husband contests the grounds for divorce i served him will that cost me more money ? He has no money !

    Answered almost 2 years ago.

    1. David Alexander Browde
    2. Brian Daniel Perskin
    3. Lawrence Allen Weinreich
    4. Paul Karl Siepmann
    5. Rachel S. Silberstein
    5 lawyer answers

    I suggest that you file and serve an amended summons or verified complaint with the grounds of irretrievable breakdown of your marriage. This is much easier to prove, and takes less time. If your husband decides to fight the case, the Judge will make it difficult for him, filing under this ground has the same effect as cruelty.

    3 lawyers agreed with this answer

  5. Does my unmarried uncle need a will for the house we own together?

    Answered about 2 years ago.

    1. Anne Marie R. Segal
    2. Brian Daniel Perskin
    3. Joseph Franklin Pippen Jr.
    4. Eric Jerome Gold
    4 lawyer answers

    It should go to you and your siblings, howeve, if he creates a will he can leave his share to whomever he chooses. If your uncle does not have a will, you will need to go to surrogates court to establish your rights after he passes.

    3 lawyers agreed with this answer

  6. Can I get Social Security on my ex-husband's benefits if the marriage was annulled?

    Answered about 2 years ago.

    1. David Alexander Browde
    2. Lawrence Allen Weinreich
    3. Brian Daniel Perskin
    4. Susan Kathleen Duke
    4 lawyer answers

    I assume you are talking about social security benefits. As long as you were married for more than 10 years you would be entitled to collect under your ex husband's benefits if that amount would be higher than the amount you would be able to obtain on your own. If you are talking about his pension or retirement benefits, it depends on the language in your settlement agreement. If your divorce judgement or settlement agreement was silent on this issue, you would not be entitled to any of his...

    3 lawyers agreed with this answer

  7. Do you have to get a legal separation for a year before you can get a divorce in New York?

    Answered about 2 years ago.

    1. Paul Karl Siepmann
    2. David Alexander Browde
    3. Barbara J. King
    4. Brian Daniel Perskin
    5. Lawrence Allen Weinreich
    6. ···
    6 lawyer answers

    In New York your husband would be eligible to get a divorce based on the irretrievable breakdown of your marriage. He is not required to get a legal separation

    3 lawyers agreed with this answer

  8. In need of criminal defense lawyer recommendations!

    Answered 4 months ago.

    1. David Keith Felsen
    2. Scott R. Scherr
    3. Stephen Patrick Shepard
    4. Brian Daniel Perskin
    5. Justin Wage Esworthy
    6. ···
    6 lawyer answers

    You can always contact your county's Bar Association to get recommendations, as well.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do I need to worry abut legalities if I move out of state with my child?

    Answered almost 2 years ago.

    1. Brian Daniel Perskin
    2. Rachel S. Silberstein
    3. Susan Kathleen Duke
    3 lawyer answers

    if their is no visitation order and he rarely sees the child you would have no problem getting an order from the Court allowing relocation. I suggest that you write the father and tell him of your plans to move. If he has no objection, just mover

    Selected as best answer

  10. Child support in the State of: New York. Child Wants to Live with Non Custodial Parent.

    Answered 8 days ago.

    1. Brian Daniel Perskin
    2. Peter Christopher Lomtevas
    3. Lawrence Allen Weinreich
    3 lawyer answers

    Your husband can petition the courts for a modification of his custody order in an attempt to get physical custody of the child. However, he would have to prove that there has been a drastic change in circumstance, or the child is in harm living with the mother. Its best to consult with an attorney regarding this.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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