Skip to main content
Ernest DuBose

Ernest DuBose’s Answers

481 total


  • How do i request a new Law Guardian for my son?

    I am a single mother, and for the last 3 years it has been a battle in family court with my son's grandmother on his father's side and my son's father, niether one really bother with my child, the court petitions are a bullying tactic. Now this ha...

    Ernest’s Answer

    Bring all your issues to your attorney and if there is enough to disqualify them your attorney can file a motion to remove them.

    See question 
  • Can my landlord force me to keep my heat on even if I'm paying for the utilities?

    My landlord just sent the tenants in my building a letter stating that we need to keep our heat on to a minimum of at least 68 degrees at all times even if we are not in our apartment to keep the pipes from bursting. If the pipes do burst, anyone ...

    Ernest’s Answer

    Yes the landlord can force you to keep your heat on to avoid having the pipe burst. You should approach the landlord about the heating situation that could create a potential abatement issue.

    See question 
  • My spouse and I finally got divorced after 3 years. I made a substantial settlement offer to her3 years ago. Her lawyer never

    relayed the settlement to her, an ethical violation. He saw "big bucks" and there was little monetary gain for the lawyer in settling. This was revealed during her testimony, and also, had she known, she testified that she would have accepted. As ...

    Ernest’s Answer

    You can try to sue your attorney for malpractice or go to the grievance committee.

    See question 
  • Who is doing the discovery job in divorce case?

    If I issued a subpoena for the discovery of defendant's bank accounts by judge, who is doing the discovery job: myself or someone appointed by the judge? Do I need to pay someone who is appointed by the judge? How much do I need to pay? Do the...

    Ernest’s Answer

    Your attorney should be doing discovery.

    See question 
  • How do I legally graduate and attend college at 16 years old? Need to know please

    I plan on graduating early in the state of New York to attend college in Illinois. I am in the 11th grade right now, however if I do graduate a year early I will be 16 years old. Do I need parental consent to attend college out of state??? I also ...

    Ernest’s Answer

    You will need your parents consent to move out of state. You will not likely be entitled to child support from the non custodial parent. If you claim to be independent the non custodial parent will not be required to pay support.

    See question 
  • Do I need to be married in order for my boyfriend to adopt my daughter?

    My daughter is 7 years old. I have been with my boyfriend for 5 years and we have a child together. My daughters father has been very sporadic with his visits and in the last month has been emotionally abusing her. She has been in counseling (beca...

    Ernest’s Answer

    No you do not have to be married to have your boyfriend adopt your child. As long as the child's father is willing to terminate his rights there should be no problem.

    See question 
  • How to recover arrears judgments after my child is enmancipated!!

    i have a child who is enmancipated, the order is from new york but there is a balance in arrears of more than 21,000 , the child support office in ny stopped the enforcement because their policy states that, if the respondent receives government a...

    Ernest’s Answer

    Child support judgments are for life. You would need to go to the family courts and file a violation petition or you could go to a Marshall.

    See question 
  • Adoption by step father

    Is it possible for my husband to adopt my 4 year old daughter (his step daughter) even if her biological father gets visitations with her? The visitations order is recent. Would her biological father pose an issue if he didn't agree? What is the p...

    Ernest’s Answer

    Yes an active father would create a huge problem because he would essentially have to terminate his parental rights.

    See question 
  • In NY State can a 17 year old be forced to live with either of his parents?

    Our son's friend who is 17 has been living with us for 7 weeks as his Father was abusive. CPS was called by the HS and an incident was filed by the Troopers. The boys Mother lives out of state and he has not lived with her in 14 years. Both parent...

    Ernest’s Answer

    At 17 he can refuse to go. It is likely the parents will have to petition the family court to get him to move. There will likely be hearing but it would seem to be improbable that they would force the child to move.

    See question 
  • Is hacking into my Facebook account and email a violation of an order of protection?

    I currently have an order of protection against my ex-boyfriend. We reside in different states and I have been the primary caretaker of our child. There have been 3 incidents where I have been assaulted. In the last incident, he snatched our daugh...

    Ernest’s Answer

    It could be a violation but I would contact the district attorney.

    See question