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Andrew Walter Szczesniak

Andrew Szczesniak’s Answers

59 total


  • Is there any way i can get my daughter back from her adoptive parents who has stuck her in a home that she does not belong in?

    They say she is autistic but she is not. They don't want to help her they want to keep control of her money and her

    Andrew’s Answer

    In order for your daughter to have been adopted, either your parental rights to the child had to be terminated, or you had to have voluntarily consented to the adoption. In either event, you have no further rights to the child and, therefore, cannot get her back.

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  • How can I adopt a child who lives in Puerto Rico and me in NY, with out an atty?

    not sure what background you are resquesting

    Andrew’s Answer

    Given that you and the child reside in different "states", I would not attempt handling a legal proceeding of this type without the assistance of an experienced adoption attorney.

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  • If i dont know how much or what property i will inherit . how do i address this in the prenuptial agreement?

    i dont know if ill even inherit anything but would like to keep whatever i do inherit separate in a prenuptial agreement. how is that done?

    Andrew’s Answer

    • Selected as best answer

    A clause should be included in the Prenuptial Agreement to the effect that any future inheritances will be considered the separate property of that party. There are also other ways to protect future inherited property besides a Prenuptial agreement. A knowledgeable Family Law attorney can help you in this regard. I would not suggest doing a Prenuptial Agreement without the assistance of competent legal counsel.

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  • NON-DSICLOSURE OF ASSETS ON A PRENUPTIAL

    IF ASSETS ARE NOT INCLUDED IN A PRENUPTIAL. OTHER THAN THE PRENUPTIAL BE VOIDED, IS IT CONSIDERED FRAUD?

    Andrew’s Answer

    Not necessarily. However, how the non-disclosure will impact on the overall case will depend on a lot of factors. I suggest that you review your particular situation with a knowledgeable Family Law attorney.

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  • How to evict a family member that isnt paying for anything

    I have been staying and my parents home to help pay their bills my sister moved in a yr ago and has done nothing but cause trouble what can we do shes indangering tbe welfare of my children with fighting and words and drugs please help

    Andrew’s Answer

    If it is your parents' home, it is they who must take action against your sister in terms of having her removed from the premises. You do not have the necessary standing to evict her. I suggest that you and your parents consult with a knowledgeable Family Law attorney to fully explore your rights in this area.

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  • Attorney (fee) and my child support/joint custody case.

    Does having an attorney help my chances in working out my child support debacle and joint custody case in court? My Ex has not allowed me to see my children for the last month aside from a court mandate to do so. Thus, my response to that is to no...

    Andrew’s Answer

    • Selected as best answer

    It is always a good idea to have legal representation, especially when dealing with issues involving children (as the decisions made can have a long lasting impact on all concerned). A knowledgeable attorney will know not only the law and procedure, but also what are acceptable settlement parameters for your particular case. If you cannot afford an attorney, check with your local Bar Association to see if it can direct you to a local attorney who might work on a reduced fee basis. You may also wish to inquire if there are any local legal service agencies or clinics in your area who can represent you at a reduced cost.

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  • Adult adopting a young adult.

    A young adult wants me to adopt him. I am an older adult and the young man is from Brazil. Is this possible in NY State and what would it mean for citizenship. Thank you.

    Andrew’s Answer

    A single person can adopt in NY State. However, the adoption must be finalized before the adoptive child's 16th birthday in order for the child to be entitled to any immigration benefits as a result of the adoption.

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  • Do I have to let my exhusband see his son before his court ordered visit?

    My exhusband and I live in different states. He has a court order visitation for the Christmas holiday. I will be flying up a few days before his visit begans and planned to use this time to visit other family and friends with my daughter. My e...

    Andrew’s Answer

    Your obligation is to follow the terms of the Court order. You are not required to give the father any extra time. However, your unwillingness to accommodate the father may be viewed negatively in the future if you and he find yourselves in court on visitation or custody issue. So, while you are not required to do so, giving the father a little additional time would be a good idea.

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  • If family court in ny state orders a DNA test against a 30 year old male and it becomes positive what happens next?

    The court ordered a DNA test for establishing paternity of a child by a 16 year old female. What happens if the DNA test shows that the 30 year old is the father? This is in ny state

    Andrew’s Answer

    First, the 30 year old father will likely be prosecuted for statutory rape, as a person under 17 is legally incapable of consenting to sexual relations in NY state. Secondly, a Support Magistrate will conduct a hearing to determine how much child support the father will have to pay. It is extremely important that the father be represented by competent counsel on both of these matters.

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  • Any adoption attorney willing to take a case and let me make payments or know of any pro bono attorney that will do it

    looking for a adoption attorney that will take payments

    Andrew’s Answer

    I suggest that you contact your local bar association with this type of inquiry. They may have a Lawyer Referral Service that can direct you to such an attorney.

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