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Ralph Duthely

Ralph Duthely’s Answers

345 total


  • My kids father stood with his kids for the weekend and than behind my back went and filed a petition saying i abandoned my kids?

    ive had my kids since day one they were never removed from me or hurt in anyway and my kids father is abusive and controling and because i dont want to be with him hes doing this to me, ive never been in this situation and i need help in everyway ...

    Ralph’s Answer

    My advice would be that you go to family court and file a petition for custody. Depending on your income, you may be assigned an attorney. Now that the father has physical custody of the children, he has the upper hand. Don't expect a miracle from the start. Custody can be a long, drawn out process. If you can show that it is in the children's best interest to be in your custody, you have a chance to ultimately get them back. Be patient and work with your lawyer.

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  • I have a court appointed lawyer for family court. how do I request a new court appointed attorney?

    The court appointed lawyer I have for family court does not do well to represent my interests in court. Instead of finding ways to win the case he's constantly telling me how many different ways we're going to lose the case. He does the absolute...

    Ralph’s Answer

    Tell your lawyer ahead of time that you want a new lawyer because you have lost confidence in his representation (courtesy). Let the lawyer make the application. If he tells the court that communication has broken down, I have found family court judges to be reasonable in giving the first change of counsel. If the next one doesn't work out, you will probably be stuck with having to hire private counsel. Good luck.

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  • To close dv report, as I don't want press no charges, do we both need to come to Pricent ?

    Called police to scare my bf in a big fight, never meant to press charges. Now everyday we've been called by detective saying that in order to close case my bf have to come to Pricent and talk to him. We never hear nothing like this. My bf having ...

    Ralph’s Answer

    The cops "close the case" by sending it to the D.A.'s office. Your boyfriend should go to the precinct, accompanied by a lawyer, because arrest is inevitable. An experienced criminal attorney will properly advise him to remain silent. The court process will cost him some money, but if you refuse to cooperate, it will like resolve favorably. Don't wait until he gets booked and assigned an attorney at arraignment.

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  • What can I do if my wife took the kids and left and I hav no idea where she took them

    She told me she was moving to her mother's house but she didn't go there but one of the kids told me she moved into a new apartment and its bin almost a week and she did not notified me whare my kids are

    Ralph’s Answer

    It has been less than a week, so it has not been long enough to really worry. Since one of the children told you that she got an apartment, you must still be seeing the children. You should got to curt soon and file a custody or visitation petition. Even if she is being reasonable with visitation, you want to establish jurisdiction in NY/Brooklyn.

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  • Can a mother get back support from a man who did not know the child was his?

    For the past 9 years my husband has been dealing with a woman who has on and off claimed her son was fathered by my husband. The child has another man's last name and that man is listed as the child's father on the birth certificate. When the chik...

    Ralph’s Answer

    She can only get child support from the date that she files a petition. here is not much your husband can do but wait. If he is served, he should definitely consult with an attorney.

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  • I live in New York state and I'm about to turn 17. Can i legally just move out? Would i need parental permission?

    I know there is no longer an emancipation process in this state

    Ralph’s Answer

    When you turn 18, you are free to do as you please. Why not wait?

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  • I had an order of protection on me. It is going to get dismissed in a few days. So what happens afterwards to it?

    Me and my lawyer both tried to modify it so could get in house ( she isn't living in it). I went to court, the judge denied my lawyer and recently when I tried, he denied me as well. Less than 2 minutes I was in the court room. Seeing how she didn...

    Ralph’s Answer

    A further point is that family court files are confidential. Only the court, parties to the case and attorneys of record on the case have access to it. Once dismissed, you don't have to worry about the public having access to it.

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  • Im waiting for paternity court hearing this dec 12, 2013 but can i file for child custody and child support right now?

    Im married in Philippines and has 2 children. We've been separated for 9 years. I went hone every year to visit my children and I send monetary support every month. I have a son here with my ex-boyfriend. I told him I will file for child support a...

    Ralph’s Answer

    Leaving the children in the Philippines with the other parent would not be considered abandonment, especially since you maintained contact with them. The court here will look to what is in your child's best interest in any custody determination. If you've been the primary caretaker for your son and you've taken god care of him, you have little to worry about. File for paternity (if it has not already been established) and child support. Also file for custody. Consider consulting with a family law attorney.

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  • The biological father of my child can fight for full custody, after 7 years of being absent father?

    The biological father of my son (9 yrs) is not on the birth certificate, but I have not sought child support from him because I thought it was not necessary since my husband has been the person who has given everything to my son for all these yea...

    Ralph’s Answer

    Any parent has a right to petition for custody. That doesn't necessarily mean that he will get it. Of course, you want to make sure that you are represented by an attorney. You should file a petition for child support asap.

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  • Should he ask for the children to be giving a lawyer for his case

    I have a friend who is going through a divorce and his wife wanted him to have supervised visits because his girl ages 6 and 2 have not seen him in almost three years. with his lawyer he agreed to the visits to see his girl this would be the only ...

    Ralph’s Answer

    I'm always puzzled why a non-custodial parent waits 3 years before trying to exercise his visitation rights. It puts him at a great disadvantage. Nonetheless, the children should be appointed an attorney. Unfortunately, if the custodial parent coaches the children to say they are uncomfortable or afraid of the father, the visits will likely start out supervised.

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