Karina Alomar's Answers

Do I have a better chance of getting joint legal custody of my child w/one sleepover per week in supreme court or family court?

The forum of the Court is not the issue as what the Court is interested in whether it be in Family or Supreme is the best interest of the child. Courts generally find that it is in the children's best interest to have a relationship with both parents. However when it comes to joint custody, the Courts cannot give joint custody if the parents cannot get along, the Courts however can work out a parenting plan and require consultation on major issues . In determining custody the Courts will...

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My 19 yr old son moved out and will have nothing to do with me. I heard he failed out of college. Do I have to continue to pay?

You should file a petition to terminate your order of support arguing that your son has emancipated himself by failing to attend school and failing to abide by your rules. There are some cases where a child support order has been terminated based on the child failing to follow household rules and not having contact, however they are fact specific.

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Husband filed for divorce 1 1/ 2 years ago his lawyer wants me to sign 5 copies of divorce agreement w/o corrections made.

A settlment agreement settles all aspects of the case and you should seek counsel of your own choosing to determine if the agreement is in your best interest. If you choose not to hire your own lawyer then I recommend that you read the agreement and only sign when you are sure that you understand all of the terms of the agreement and all the changes you and your husband agree are reflected. Once the agreement is signed you must abide by the agreement and you will not be able to undue the...

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Live in ny with my 4 yr old daughter I have no custody papers now but her mother is on the birth cert what rights does she have?

If your ex was married to someone else at the time your child was conceived the first thing you need to do is establish paternity of the child and name both your ex and her husband on the petition for paternity. The reason that you need to establish paternity is that in New York if the child was born to a married woman the child is presumed to be the child of the woman's husband. As for seeing your daughter generally speaking Courts in New York realize that children benefit from having a...

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How long does it take the Judge to sign the judgment of divorce in Brooklyn NY

It depends on the court's caseload but average is about 12 weeks.

My ex lives in erie county and wants to take me to court for more child support but i already pay 17% can she get more money?

Whether or not your ex receives an upward modification of the child support obligation depends on whether there has been a change of circumstance. If the Court finds that the Children's needs have increased and your income has increased then the Court may recalculate your child support obligation to reflect your increased income. However, the fact that you do not see your child except for a few times a year because your ex and you dislike each other is troublesome. The child needs both parents...

DO I have the right to be a part of my kids education if i have joint non custodial custody?

Unless there is an order prohibiting you contact with your children there is no reason why you should not be permitted to see your children. As I do not have much facts of your case I can only speak in general terms and suggest that you immediately go to Family Court and file a petition for custody.

Part 2 of how do i get my son custody back or at least visitation rights?

Unless your child's father had an order of support or judgment of divorce directing support dated nine years ago he cannot request support for nine years back. However, you would be liable for support from the time that a petition of support is filed. Thus if he first filed for support five weeks ago the order of support would be retroactive to the date the petition was filed. If your child's father obtained an order of protection against you, and it is a stay away order you should not be...

My husband and I have agreed to take his nephew in as per the mothers request can we sue her for child support?

There is no reason why you should not be able to petition the Court for child support as parents in New York are chargeable with the support of their children until they attain the age of 21 unless the child has been emancipated. Provided the child is not emancipated the obligation to support then falls on both parents and the petition for support should name both parents.

Will my brother have a hard time for marrying his child's mother so fast after a divorce to include her in the visa petition?

The fact that he married his child's mother so soon after the divorce should not be an impediment to his visa application provided he can show that the marriage is a bona fide marriage.