Mark A Green’s Answers

Mark A Green

Westbury Family Law Attorney.

Contributor Level 8
  1. My cousin has sole custody, she is denying me all contact. Does she have the right if visits are at her discretion?

    Answered about 1 year ago.

    1. Mark A Green
    2. Howard A. Schwartz
    3. Marco Caviglia
    4. Latrice Vinell Campbell
    4 lawyer answers

    Without seeing the terms of the order, and without more background information, it is difficult to give you a more specific answer. However, if the order says you get visitation as agreed, the fact that you can't agree and that she is withholding visits, will likely give you the change in circumstances that you need in order to file a petition to modify custody/visitation. You should probably consult an attorney and file a modification petition, if that is appropriate.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I'm 17 and live in Newyork, I no longer want to be at home.

    Answered over 1 year ago.

    1. Mark A Green
    2. Jayson Lutzky
    3. Jack Richard Lebowitz
    3 lawyer answers

    In addition to the advice from the other attorneys, based upon your residence in Watertown, I am only guessing that your father was deployed with the 10th Mountain Division at Ft. Drum. Whether your father is active duty or a reserve soldier on active duty for deployment, you are entitled to legal assistance at the JAG office at Ft. Drum. Call and make an appointment to see an attorney there. Take your dependant ID card with you. They can give you advice and guidance. Either way, I urge you to...

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  3. Sister-inlaw filed a order of protection in family court and lied on documents

    Answered over 1 year ago.

    1. Mark A Green
    2. Eric Edward Rothstein
    3. Dean S. Puleo
    4. Darren M. Shapiro
    5. Edwin Drantivy
    6. ···
    6 lawyer answers

    If you lived in the home, and the temporary order is a 'stay away' then you are entitled to a quicker hearing. You really need to consult an attorney to help you in this matter to preserve you rights.

    4 lawyers agreed with this answer

  4. What is the cutoff for child support ? my daughter and her mom live in GA for the last 6 years and she is turning 19 ,

    Answered over 1 year ago.

    1. Howard E. Knispel
    2. Mark A Green
    3. Jayson Lutzky
    4. Debra A Opri
    4 lawyer answers

    If the support order was from NY, then even if the order is modified by the new home state for purposes of increasing or reducing the amount of support you pay, it will still continue until 21 based upon the original NY order. Also, as the others have said, it is possible that your daughter is emancipated, but the circumstances that constitute emancipation are a little more complicated. It is always a good idea to consult with an attorney who can advise you based upon all the facts that are...

    4 lawyers agreed with this answer

  5. What can i expect at a preliminary proceeding for child support

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Mark A Green
    3. Howard E. Knispel
    3 lawyer answers

    I am assuming there are no support orders presently in place from family court or supreme court. The support magistrate will advise the parties to fill out the financial disclosure affidavit and bring it to the next adjourned date together with the tax returns for the last two years, and the last three pay stubs. The magistrate will also give you both a form indicating the percentages of income used for support calculations under the Child Support Standards Act (depends upon how many children...

    4 lawyers agreed with this answer

  6. Does the custodian parent have the right to check/visit the other parent's residence where the children are staying?

    Answered over 1 year ago.

    1. Mark A Green
    2. Jayson Lutzky
    3. David B Pittman
    3 lawyer answers

    Hi. There is really not enough information to answer this question, but you may want to consider a few things. First, is there a custody order? Second, if there is a custody order and the location where the children are staying is unsafe (for example, no smoke detectors or obstructed exits, or unenclosed basement boiler room, etc), then you can certainly ask the non-custodial parent not to take the children there. If he or she continues to take the children there, you may have sufficient change...

    4 lawyers agreed with this answer

  7. Is this a violation of a restraining order?

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Eric Edward Rothstein
    3. Mark A Green
    4. Morghan L Richardson
    4 lawyer answers

    No. The purpose of an order of protection is to act as a "shield" for the protected party. A court will not allow that person to use the order as a "sword." You can always file a petition to be protected from that person.

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  8. I was sexually abused at the age of 15 and then 16 by a 28 year old man and got pregnant 36 years ago in Nassau County, NY.

    Answered over 1 year ago.

    1. Mark A Green
    2. Lawrence Allen Weinreich
    3. Jeffrey Bruce Gold
    3 lawyer answers

    As the other attorneys stated, it is beyond the statute of limitations for any civil redress. The law now removed the statute of limitations in certain types of sexual offenses, but I don't believe it would be applied to your case, as it was not enacted very long ago. Perhaps you could inquire with the the District Attorney's office. They are the only ones who could bring the prosecution anyway. I really don't think that you will get your day in court. I'm sorry about your situation.

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  9. Famiy court petition

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Mark A Green
    3. Howard E. Knispel
    4. Morghan L Richardson
    4 lawyer answers

    As a practical matter, if he filed and then no longer wants custody before there is an order, then he can withdraw his petition or it may be dismissed. If the other parent filed a petition, that parent should be granted custody. I don't know that there is a specific legal term for his actions and I don't know why calling it by some legal term would be more important than the outcome -- that is, that the other parent will be granted custody. Good luck.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Darren M. Shapiro
    3. Mark A Green
    4. Kenneth M Keith
    5. Barton Robin Resnicoff
    6. ···
    6 lawyer answers

    There is not enough information in your question to give a very comprehensive response. However, if you had been having unsupervised parenting time with your child/ren until the trial and there was no order by the judge prohibiting unsupervised visits, then your chances of enforcing unsupervised visits are much improved. If you presently have a temporary order of visitation or a stipulation for supervised visits, expect that the judge will not make a change until those issues are heard at trial....

    3 lawyers agreed with this answer

    1 person marked this answer as helpful