Ralph Duthely’s Answers

Ralph Duthely

Jamaica Child Custody Lawyer.

Contributor Level 14
  1. THE COURT PAPERS STATE THE ( THE FATHER SHALL HAVE THE CHILD ON FATHERS DAY FROM 9AM TO 6PM )

    Answered almost 2 years ago.

    1. Ralph Duthely
    2. Latrice Vinell Campbell
    3. Jack Richard Lebowitz
    4. Keith G Langer
    5. Marco Caviglia
    5 lawyer answers

    I agree with the previous answers. Moreover, you did the right thing. It is Father's Day. Let him enjoy time with the child and let the child enjoy spending Father's Day with his/her father. Sometimes, it is best to overlook formalities and technicalities. Your child benefits. Here is my opinion on this subject: http://www.duthelylaw.com/1/post/2013/06/divorce-and-teenagers-minimizing-the-trauma.html

    7 lawyers agreed with this answer

  2. What are the chances for my 3 children not to leave me? NY to Boston?

    Answered over 1 year ago.

    1. Ralph Duthely
    2. Howard E. Knispel
    3. Gary Burton Port
    4. Lee Alan Thompson
    4 lawyer answers

    If you and your wife have split up and she is threatening to move to Boston, you should immediately go to the Nassau Family Court located at 1200 Old Country Road in Mineola and file a visitation petition. When you get a visitation order (temporary or final) make sure that the court includes the provision that mother is not to relocate out of the jurisdiction without getting permission from the court. Although that is the implicit rule anyway, you want the order to explicitly include that...

    6 lawyers agreed with this answer

  3. Can I make my wifes boyfriend pay rent on our home we jointly own. We are in the process of legally separating. I moved out over

    Answered over 1 year ago.

    1. Peter Christopher Lomtevas
    2. Paul Karl Siepmann
    3. Mary Katherine Brown
    4. Ralph Duthely
    5. Marco Caviglia
    5 lawyer answers

    Based on the information you've given I, too, would say no. You given occupancy of the home to your wife. While you may not like it, she is entitled to have a guest in the home. These days, a divorce based on "irretrievable breakdown" is as easy as crafting a separation agreement. Unless the two of you want to work on repairing the relationship, why not just make a clean break and file for divorce.

    6 lawyers agreed with this answer

  4. I need to get a divorce

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Peter Christopher Lomtevas
    3. Gary Burton Port
    4. Ralph Duthely
    5. Theodore W. Robinson
    6. ···
    7 lawyer answers

    Use the AVVO Find a Lawyer tab at the top of the page and put in more information about your circumstances. Good luck with everything.

    6 lawyers agreed with this answer

  5. If someone had a restraining order put on them in family court and they are found guilty of DV can the charge be dropped?

    Answered over 1 year ago.

    1. Ralph Duthely
    2. David Ivan Bliven
    3. Peter Christopher Lomtevas
    4. Marco Caviglia
    4 lawyer answers

    Although th person who received the OP can file a petition to withdraw it (I had such a case recently), judges are reluctant to do so. They suspect that there may be coercion. Even if the OP is vacated, the finding remains. There is a DV registry and a record of the finding will remain on it.

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  6. Modify my visitation for custody?

    Answered over 1 year ago.

    1. Ralph Duthely
    2. Peter McGrath
    3. Mary Katherine Brown
    4. Marco Caviglia
    4 lawyer answers

    I agree with Mr. McGrath. The only answer that can be given is that you should consult with a family law attorney and determine how best to proceed. At this point, it seems like she is trying to strip you of any right to have a meaningful relationship with your child. She is probably already coaching the child to say that she doesn't want to visit with you.

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  7. I have residential custody of my son, and exwife never sees him can i get support for him, we have joint custody

    Answered almost 2 years ago.

    1. Jayson Lutzky
    2. Louis Lawrence Sternberg
    3. Marco Caviglia
    4. Ralph Duthely
    5. Howard E. Knispel
    5 lawyer answers

    If you have primary residential custody, then you should file for child support. with the income disparity, she will likely pay a fair amount. It sounds like she will be able to afford counsel---who will do his or her best to frustrate the process and overwhelm you with discovery demands if you are representing yourself. It would be wise to hire an attorney. If you absolutely can't afford one, get all of you financial documents and paperwork in order. Set up a nicely organized notebook or...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can an abusive grandfather with a criminal history get joint custody or visitation of his grandchildren ?

    Answered over 1 year ago.

    1. Ralph Duthely
    2. Peter Christopher Lomtevas
    3. Marco Caviglia
    3 lawyer answers

    Joint custody is out of the question since he and your mother are separated and not on good terms. Further, he lives in another State. As for visitation, he doesn't really sound like a candidate for it. If his lifestyle is as you've described, I don't see a court granting him visitation.

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  9. For pro-rata purposes in my divorce settlement, do I have to show my ex my tax returns?

    Answered over 1 year ago.

    1. Ralph Duthely
    2. Dean George Tsourakis
    3. David Alexander Browde
    3 lawyer answers

    Whatever documentation that you have to provide for purposes of your divorce settlement would be prior to remarriage. Once you are divorced, unless you file for a modification, you would not need to produce any joint tax returns filed with a new husband.

    5 lawyers agreed with this answer

  10. Have joint custody of two children (16) with the ex. One of my children wants to come and live with me other does but doesn't

    Answered over 1 year ago.

    1. Ralph Duthely
    2. Jayson Lutzky
    3. Peter Christopher Lomtevas
    3 lawyer answers

    The child support will have to be recalculated based on the increase in salary, as well as the fact that one child would be living with you. It all depends on the numbers, so it is hard to give a definitive answer. If you go to the Child Support page on my website, there is a basic child support calculator. Plug in the numbers and see what it gives you.

    5 lawyers agreed with this answer