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Wendy Ann Keegan
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Wendy Keegan’s Answers

6 total

  • Remarrying and relocating to another country but ex says no because of legal joint custody. What can I do if he is not open?

    I have joint legal custody of my daughter. Ex is military. I try to keep open lines of communication and visits across states since I am in one state and he relocates often. I want to remarry and relocate to Canada w/my daughter. My fiancee has a ...

    Wendy’s Answer

    Generally, a custodial parent will not be permitted to relocate without consent of the non-custodial parent unless it serves the best interest of the child, especially if it impairs the non-custodial parent's ability to have meaningful visitation/parenting child with the child. Also, prior written agreements between the parties are heavily weighted by the courts and will not be disturbed simply because one party is unhappy with the deal that he or she made.
    Having said that, your situation is somewhat different in that your child's father does not seem to be exercising regular visitation with her or involved in her life to anything but a minimal extent.
    I think you should speak with a local attorney so that you can get information tailored to your situation.
    Best regards,
    Wendy A. Keegan, Esq.

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  • My husband recently had an affair. The woman he had the affair with is claiming she is pregnant with his child.

    My husband recently had an affair. The woman he had the affair with is claiming she is pregnant with his child. She first was requesting money for an abortion, then threatened to ruin us, then came back and asked for more money for an abortion and...

    Wendy’s Answer

    The first thing you should do as a family is file a police report with your local police precinct.
    Your husband, having been intimate with this woman, can file a petition for an order of protection in family court. You and your daughter will have to go through criminal court for an order of protection, which is a different process (and one I'm not qualified to comment on as I do not handle criminal matters).
    Besides protective orders, there are also issues regarding paternity, child support, visitation and custody. Hence, I strongly encourage you to contact local counsel to obtain advice tailored to the facts in this situation and to explain to you the process and possible outcomes at length, along with your husband's rights and obligations to the child should it prove to be his.
    Best regards,
    Wendy A. Keegan, Esq.

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  • What am I getting myself into with this custody battle

    I went to court about 9 months ago to get custody of my son. He was currently staying with his grandmother after his mother abandoned him leaving him with his grandmother. After I filed a petition with the court the judge awarded residential custo...

    Wendy’s Answer

    You have a few options with regard to this situation.
    You can either wait until your next court appearance and request, prior to trial, a temporary order of visitation, or you can try to advance the court date by filing an order to show cause requesting same If you are unrepresented, the clerk of the court can help you with the paperwork.
    A home study is conducted to make certain that you can provide the child with a safe environment and will address issues such as number of bedrooms, cleanliness of home, adequate food, presence of smoke and carbon monoxide detectors in the home, etc.
    Please speak to a local attorney to get advice that is more specific to your particular matter. If you cannot afford an attorney, it may be possible for the court to appoint one to you, depnding on your financial circumstances.
    Best regards,
    Wendy A. Keegan, Esq.

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  • Is my husband entitled to my assets such as funds in a savings account and/or 401k/retirement funds if we divorce?

    His name is not on the account.

    Wendy’s Answer

    Your husband may be entitled to a portion of these assets under New York's equitable distribution laws.
    Generally, a portion of each asset acquired during the time that the parties where married will be allocated to the non-titled spouse. However, the percentage distributed will not necessarily be 50%.
    Additionally, the titled spouse may be able to claim an asset as separate property even if it was acquired during the course of the marriage in certain instances, such as when the asset was funded by an inheritance or personal injury settlement.
    Of course, this answer just speaks in generalities. You really should consult a local attorney to obtain advice specific to the facts in your situation.

    Best regards,
    Wendy A. Keegan, Esq.
    Conti & Keegan, P.C.
    1110 South Avenue, Suite 11
    Staten Island, New York 10314
    Tel. 347-273-1310
    Fax 888-999-8935
    Email contikeegan@gmail.com

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  • What is the odds that my children live/remain with me if my husband and I get a divorce?

    My husband makes six times the amount that I do. He is a good father, however I am the go to /more involved parent. I want them to remain living with me, but I know that he will contest this.

    Wendy’s Answer

    The best interest of the children is always the standard used by the court to determine the ultimate outcome of a custody battle.
    The court will look at many factors in making this determination. Income is only one such factor and, standing alone, is not at all dispositive of the end result.
    The court may appoint a law guardian, who is an attorney, for your children. The law guardian will interview your children and may contact experts appointed to the matter, such as psychologists, psychiatrists and/or other doctors, to effectively advocate for your children.
    I strongly advise you to contact local counsel in order to obtain advice specific to your situation.

    Best regards,
    1110 South Avenue, Suite 11
    Staten Island, New York 10314
    Tel. 347-273-1310
    Fax 888-999-8935
    Email contikeegan@gmail.com

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  • Can a divorce that was orininally contested be filed as uncontested once the Stipulation of Settlement was signed?

    Hello. My husband and I were involved in an uncontested divorce, and signed a stipulation of settlement. Can I now file for the final divorce decree as an uncontested divorce?

    Wendy’s Answer

    Like the other attorneys that responded, it depends on the judge, how far the litigation has progressed and the grounds originally plead in the complaint.
    Many times, even with a fully executed Stipulation of Settlement, the judge will hold an inquest in court. At the end of the inquest, you can move to "conform the pleadings to the proof," and the divorce will be granted on the grounds testified about at inquest.
    Please contact your attorney to obtain information more specific to your matter.
    Best regards,
    Wendy A. Keegan, Esq.
    Conti & Keegan, P.C.
    1110 South Avenue, Suite 11
    Staten Island, New York 10314
    Tel. 347-273-1310
    Fax 888-999-8935
    Email contikeegan@gmail.com

    See question