Ralph Duthely’s Answers

Ralph Duthely

Jamaica Child Custody Lawyer.

Contributor Level 14
  1. I am trying to co-parent with my sons father. He is shutting me out completely. What can I do?

    Answered about 1 year ago.

    1. Ralph Duthely
    2. Marco Caviglia
    3. Jack Richard Lebowitz
    3 lawyer answers

    If he has temporary custody, I surmise that there is a pending court case. Nothing is cast in stone yet. You need an experienced family court attorney to represent you. It sounds like you are now "paying" for having removed the child from the jurisdiction and from the father. Your position needs to be explained to the court and you need to present strong arguments as to why it is in the child's best interest to be in your care. A strong parenting plan, including appropriate parenting time...

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

    Answered 11 months ago.

    1. David Zaslavsky
    2. Maria C. Tebano
    3. Ralph Duthely
    4. Philip Adam Kusnetz
    4 lawyer answers

    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.

    4 lawyers agreed with this answer

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  3. Can she be charged with kidnapping?

    Answered about 1 year ago.

    1. Ralph Duthely
    2. Eric Edward Rothstein
    3. Peter Christopher Lomtevas
    4. Marco Caviglia
    4 lawyer answers

    That may be a violation of your visitation schedule but it is clearly not kidnapping.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Are there guidelines or rules for a non-professional supervisor to follow during a supervised visitation in NY state?

    Answered about 1 year ago.

    1. Ralph Duthely
    2. Peter Christopher Lomtevas
    3. Frank Stephen Ieraci
    3 lawyer answers

    There are no formal guidelines, other than that the supervisor is to be present at all times during the visit. It is usually best if the supervisor maintains a bit of distance and allows the children to interact freely with the parent. Generally, there is no harm in the father bringing the children's grandfather to one, or some, of the visits. But the time is really meant for him to enjoy with the children. As for the location, the supervisor has no obligation to supervise. They are doing...

    4 lawyers agreed with this answer

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  5. I am being harassed by a man who has been arrested for domestic violence. Can I gain access to his arrest history?

    Answered about 1 year ago.

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

    File a police report and let them investigate. If they bring the case to the DA for prosecution, they will have access to his arrest record. There are limits, however, on the introduction of prior bad acts in a criminal trial. Nonetheless, let the professionals handle it. Just start by going to the local precinct and filing a report.

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  6. I have been on and off with a 54 year old married man who has continuously assured me that he is soon to leave his wife.

    Answered about 1 year ago.

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

    It's never a good idea to get involved with a married man. If he were going to leave his wife, he would have done it before getting into the next relationship. At this point, you have little to gain from this relationship. Take the advise of the previous attorneys and move on.

    4 lawyers agreed with this answer

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  7. How do I give my sister in MD temporary custody or joint temporary custody of my 12 year old son?

    Answered 12 months ago.

    1. Ralph Duthely
    2. Howard A. Schwartz
    3. Peter Christopher Lomtevas
    3 lawyer answers

    Your sister should come to NY and file a Guardianship petition, naming both you and the other parent as respondents. If both parents agree, the court will take her fingerprints and run a background check. A lawyer will be assigned to the child. If he is over 14, the court will require that he sign a consent called an Order of Preference. Assuming all is clear with the background check, and the other parent also consents, a guardianship order can be issued on the next court date.

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  8. Will print outs of my checking & savings accounts suffice for bank books in family court?

    Answered about 1 year ago.

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

    You don't really provide enough information for an attorney to give a complete answer. Is this a child support matter? If you are just providing requested information, the court may accept the printouts. If you are conducting a trial, they would not be admissible. You would need to subpoena certified documents from the bank.

    4 lawyers agreed with this answer

  9. I requested a court appointed attorney for my upcoming visitation and custody modification hearing.

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. David Ivan Bliven
    3. Peter Christopher Lomtevas
    4. Richard Francis Sweeney
    5. Ralph Duthely
    5 lawyer answers

    Unless you were directed by the court to mail it in, I would fill out the form completely and bring it on the next court date and present it directly to the judge. These things always seem not to end up in the case file when they are mailed in. Make a couple of copies. Keep one and provide another to opposing counsel if you are directed to.

    4 lawyers agreed with this answer

  10. In NY can the CP schedule classes, & insist on being present, for a child during NCPs access time? & W/out the NCPs permission?

    Answered about 1 year ago.

    1. Mary Katherine Brown
    2. Howard A. Schwartz
    3. Ralph Duthely
    3 lawyer answers

    I agree with my colleagues. Without your permission, she cannot schedule activities during your parenting schedule. You may have to go to court a file a violation petition.

    4 lawyers agreed with this answer