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Ralph Duthely

Ralph Duthely’s Answers

345 total


  • Is the way I was served an order or protection legal? What can I do if not?

    I am 7mths pregnant, my ex mother inlaw in NJ kicked me out and assaulted me as I was out the door infront my 5yr old (lived there a month), called the cops, one of her sons is a cop in the town, cops said there was nothing I could do. I live in B...

    Ralph’s Answer

    My colleagues are correct. This question can best be answered by a NJ attorney. They are familiar with the specific statues, as well as customs of the court, in NJ. The judge generally orders that service be done according to the laws of that jurisdiction. Good luck.

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  • My son father and I have joint custody. he want to move back home. will the cops force him to go back with his dad at 15?

    At my house he will get a better education.

    Ralph’s Answer

    If there is a court order giving the father primary residential custody, then you should go to court to have it modified. If the change to the father was done by agreement, without a court order, then there may be nothing to change. Generally the police will not compel a 15 y.o. to go where he doesn't want to go but they will direct the parties to go to family court to settle the dispute.

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  • Can my ex husbands live in girlfriend take my children out of state without my knowledge?

    we have joint custody...I have physical as to address on record.....yes its joint....but he repeatedly states he can do what he wants when he wants on his days with children.. I had gotten my children a law guardin...but everytime the judge walked...

    Ralph’s Answer

    It is unclear from your question whether the girlfriend is taking the children out of state for a few hours or for an extended period of time. If she watches the children while the father is at work (nothing wrong with that) and she goes to NJ or CT during the day, what harm is there? If she is going on vacation alone with the children during the father's vacation time, that probably needs to be addressed with the court. Sometimes parents allow their anger toward the other parent cloud their judgment as to what issues need to be litigated and what should be ignored. As Mr. Lomtevas points out, sometimes the desire to control minutiae through use of the courts can backfire. If you start to look like the unreasonable parent, things could take an ugly turn. Good luck.

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  • Police visited family residence to ask if complainant still has any troubles. does this mean case is closing or reopening?

    2 months ago a family member called 911 alleging a punch. for the first few days, the police investigated but the alleged suspect wasn't there. complainant then left for europe (where she is now). a week after the 911 call, the police visited but ...

    Ralph’s Answer

    I'm not sure there is a definite answer as to whether or not the case will be closed. It sounds like the police were following up to make sure there was no further trouble. I seriously doubt that they will investigate what colleges the parties are attending. They may check up again in the near future and eventually "close" the file.

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  • Can I take my son's dad to court for child support? is he legally responsible for him?

    -his dad is not his biological father. -his dad is on the birth certificate. -is paying child support threw an agreement between us but 150 a month just isn't cutting it anymore. -he's known since day 1 he was not the father. -medically he can...

    Ralph’s Answer

    From your question, it sounds like this gentleman has put himself in the position of being your child's legal father, although not his biological father. You don't indicate if you were married to him or if he simply chose to be the "surrogate" father. Either way, he is liable for child support just as if he were the bio dad. He also has rights to visitation and to file for custody if he so chooses. Of course, the problem starts if the true bio father comes forward to establish his rights.

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  • A 49 year old women has sexual relations with a 17 year old while he is living in a school dorm. Have any laws been broken?

    17 - in school dorm diagnosed with depression and away from family and support. 49 married with two children offering to pay for schooling etc in exchange for services.

    Ralph’s Answer

    The age of consent in NYS is 17. Unless there are more factors which are not stated in your question, it does not appear to violate the Penal Law.

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  • I fired my lawyer and going to give up refusing of everything that I am entitled. The trial date is on schedule .

    Should I send a motion to the court asking to grant the divorce in plaintiff's favor? I am a defendant. Will the case still go to trial?What else do I need to do to settle my case .Plaintiff's attorney is not going to cooperate or communicate any...

    Ralph’s Answer

    The other lawyer won't speak to you because you are represented by counsel. He is not allowed to speak to you directly. If/when your attorney is relieved by the court, and your are pro se, then the attorney can negotiate directly with you.

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  • Stipulation of agreement and order of dismissal

    Me ex petitioned family court for enforcement of custody order claiming i unreasonably withheld consent for a child issue which caused pendente lite decision in her favor. I counter petitioned with custody mod to get pendente lite reversed and her...

    Ralph’s Answer

    If the two of you reach an agreement on the issue, and a stipulation is signed, then the issue is resolve but it is not "dismissed with prejudice." That language, in my opinion, would not be proper. The enforcement claim simply becomes moot (no longer an issue in dispute) by virtue of the stip and both petitions are deemed resolved. Avoid litigation because of a mere technicality.

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  • If my sons father brings home about 450 a week after taxes what should I be getting for child support???

    he gives me 150 a month

    Ralph’s Answer

    The other attorneys are correct. You should be getting more. Further, you should get a support order from the court. That protects you if he stops paying. Even if you are willing to accept less that the statutory amount, you should do it through the court.

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