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Kenneth M Keith
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Kenneth Keith’s Answers

16 total


  • Do Judges rule how they say in custody

    If a judge is hostile towards one parent during a custody proceeding, is that pretty much how they rule or are there surprises?

    Kenneth’s Answer

    As getting lawyers to agree isn't always easy, your question may be a place where most will. A theoretical Judge in a theoretical trial is required to listen to the testimony, view the evidence and rule upon what has been presented during the trial.

    Bad news is that theoretical Judges don't exist. Real life humans are elected to the bench and they bring with them a lifetime of experience. It may well be that something or things done by a litigant plays badly with a judge but generally their feelings are hidden. Sometimes the human in the Judge comes out and you can see their feelings .

    A Judge's temperament may be such that litigants feel that the Judge is hostile when that is not the case at all, just the way the Judge conducts themselves in Court. Sometimes what you see/sense is real.

    While Judges do telegraph their feelings from time to time I have found, more often than not that Judges base their decisions on what has been presented to them and not upon their feelings towards the litigants. The system actually works.

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  • What happens after divorce and child custody trial

    After the trial for divorce and custody is complete, what happens? Do lawyers make closing statements and the judge renders a verdict or what?

    Kenneth’s Answer

    It depends on the Judge. Sometimes oral closing statements, sometimes written submissions. Sometimes a decision from the bench, sometimes a written decision. Each Judge does things differently and sometimes a Judge's desire to write on a particular issue may drive a judge who does things one way to deviate from their own norm.

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  • Do I have to file for modification of visitation where my children & I live or in Kings county where my unfonalized divorce was?

    I have sole custody of my children. I was in the final stage of my divorce, in kings county. Waiting for the judge to make it official. A month ago my soon to be x-husband made a sseries of bad choices that put my children in danger. He was arres...

    Kenneth’s Answer

    If your divorce action is still pending you will need to go to Kings County to deal with the matter. AS it appears from your question that all the papers have been submitted and await just a signature. Iit could be several months before that happens. If your papers are rejected for any reason the time will only grow. Make your motion in Kings County, (possibly as an emergency application based upon a number of factors not touched upon in your inquiry, and you will deal with it in the most time effective manner without concern that Nassau may well reject it,, having cost you time without any benefit.

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  • Mid trial, wife wont agree to allow me unsupervised visitation back. What papers do I file to have judge decide if its ok?

    im pro se and she has lawyer. Nassau supreme court.

    Kenneth’s Answer

    Mid-trial you're not going to be filing papers any longer, you're going to be putting in/defending a case to the desired end of unsupervised parenting time. As you don't advise how you got to where you are, it's hard to define the path for how to get back. You have to look at what the basis was for the imposition of the supervision in the first place. The fact that you're first asking mid-trial and are pro-se while your wife is represented does not bode well for the future. Good luck.

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  • If you are in the middle of a divorce in NYS, one spouse left the residence but now wants to move back in, do u have to let back

    Legally do you have to let them back in the house?

    Kenneth’s Answer

    You don't mention how long your spouse has been gone or why they left but i must disagree with my colleagues who advise you to go for an Order of protection. To get such an Order you must establish than one of a number of designated family offenses have been committed. If they have been you can go to Family Court (or sometimes Supreme if they will entertain such an application) to get it. Problem is a) if no designated family Offense has been committed or b) if the Couert declines to issuea Temporary order (frequently idf the incidents reported are 'stale') you may run into a dead end. I would bring an order to Show cause in the Supreme Court part dealing with your divorce, seeking exclusive use and occupancy. You can apply on an emergency basis so that it will be heard NOW and the Court can grant it on an interim basis while the motion pends. Far better way to go!

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  • My divorce attorney has filed an order to show cause to be relieved from representing me.

    In her affirmation in support she blamed me for attorney-client breakedown, which is totally not true (the retainer is melting down quick - thats the reason). I told the judge I don't agree and now I need to file an affidavit in opposition, which ...

    Kenneth’s Answer

    • Selected as best answer

    If you now agree with the withdrawal as counsel, you can sign a document called "Consent to Change Attorney" and avoid the need for the Court to decide the Motion. It will matter little what you say in your response to the attorneys motion to defend against the allegations as the Judge will probably remember neither the accusation not the refutation. It happens a lot in divorce and the easiest is to sign the form and move on.

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  • My wife won't sign divorce until she get my property. What shall I do?

    We got married in 2010 in New York. She stays in Canada and she came for 1 week at the time of marriage. Since then we never met. 1 week is only time we spent together as married couple. Things didn't go well between us and I called her to USA too...

    Kenneth’s Answer

    Serve her. There is no requirement that she 'sign' for a divorce and with no-fault here, finally, securing a divorce became even easier.

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  • Is it legall if I have pending 2 divorce cases, one i filed and another my hasbund filed?

    I have pending 2 divorce cases. the fisrt case i filed in March 22, 2012 and the second one my husband filed on September 5,2012. What I have to do about it?

    Kenneth’s Answer

    Although there are circumstances where two cases can be maintained, generally the Court will dismiss the last filed action or, if appropriate, will consolidate into one caption (case heading). An appropriate motion can be made to the Court but a discussion at a conference may resolve the problem with less time, energy and cost.

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  • Divorce signature and hearing court?

    She left to Korea from USA in July 28, 2012. She said will sign the divorce paper if i sent it to her. I live in the USA . Does she has to go to a court or not? when a court got a divorced paper signed by both?

    Kenneth’s Answer

    You can send her the papers, but that does not constitute valid service.

    She can sign the appropriate document consenting to the divorce but she MUST sign at the US Embassy or Consulate as the courts will not accept documents bearing the seal of local officials/Notaries.

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  • Can I get a divorce while pregnant in New York State?

    I know there are states that will not let a married woman file for divorce while pregnant and I was wondering if New York is one of them.

    Kenneth’s Answer

    You can file for divorce in New York while pregnant without question. You must meet normal jurisdictional requirements but the pregnancy is not a limiting factor in any way. Issues related to the chils will have to be decided down the road, however. With the time generally needed for a divorce to work its way through the system, this should not be a problem.

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