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Louis Lawrence Sternberg

Louis Sternberg’s Answers

1,969 total


  • Judge asked both parties to submit a proposal of visitation for our daughter via email, does this need to be formal or informal?

    My ex has been granted her relocation application to North Carolina. I will not appeal this and the judge wants both parties to submit proposal for visitation schedule.

    Louis’s Answer

    It's difficult to answer your question without additional information but erring on the side of greater formality would be likely be wise.

    You may want to review this template to use as a guide - https://www.nycourts.gov/forms/matrimonial/ParentingPlanForm.pdf

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  • Am pro se and would like to know can I file a motion for default judgement in a divorce case.

    I did not receive a motion from defendant in the time prescribed by the courts. received a week later.

    Louis’s Answer

    If Defendant appeared in the action (by filing of a motion / filing of a notice of appearance / filing an answer, etc) but did so late, the courts will likely allow the Defendant to contest the divorce. Although you are correct that the CPLR allows for a limited time to appear (20 or 30 days depending on the method of service), matrimonial courts nearly always will allow a late Defendant to contest the case.

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  • Holiday

    According to our divorce the father shall have the child for independence day(9-7pm) for odd years and vice versa for mother(even years). since this year the independence day falls on saturday does it mean that the father gets the child on friday(...

    Louis’s Answer

    Generally, holidays are a higher priority than regular visitation but your stip should address that matter. Assuming the holidays trump regular visitation, then the father should have parenting time.

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  • Going through custody battle without a lawyer. How do I present my case?

    I can't afford a lawyer and I'm going through court for custody of my child. My child is being abused I need to present my information so that I can win my case. I don't know how to do this. I am looking for templates or something that will help m...

    Louis’s Answer

    Presenting a case is a skill that takes years of practice. There is no way anyone could explain in on an internet forum.

    Contact your local bar association to see if they can refer you to a pro bono attorney or a reduced-fee attorney.

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  • Does the mother HAVE to be at a child support hearing?

    I suffer from extremely bad anxiety. I've needed to file support for a long time now but the thought of going to court makes me panic. Is there anyway I could file, and not have to go?

    Louis’s Answer

    If you are physically unable to appear in court then the judge MIGHT allow you to appear by phone. You would have to ask the court's permission to appear by phone.

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  • Can I use a public defender in a child support case in NYS?

    father is lowering support order. He is not claiming the money he is making off the books. His business is being investigated by the IRS for laundering money.

    Louis’s Answer

    In support cases, generally only the party facing incarceration is entitled to legal aide. You will likely have to hire private counsel.

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  • Mistake in Order on Objection

    Support Magistrate made a number of really bad rulings, entirely ignoring the law. I objected and prevailed on most of the objections. The one area where I did not prevail the Judge indicated she could not review the matter because it involved a...

    Louis’s Answer

    Appealing is probably your best bet. You can contact the other side to see if a settlement can be reached and then file a modification based on that settlement but reaching such an agreement after trial and objections is usually not possible.

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  • Case Representation

    I have been represented by counsel before in NY Supreme Court and I would like to know the procedure for letting the court be aware that I'm now going pro se.

    Louis’s Answer

    File a Substitution of Counsel with the clerk's office and serve it on your prior attorney and on counsel for the other side.

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  • Object to a hearing

    My ex girlfiend is taking me to court to modify our current custody/ visitation order. She doesn't want my daughter to be able to have overnight stays at my mothers house, but in our order that was signed by her 6 months ago.. It states that my m...

    Louis’s Answer

    The best strategy is likely to reiterate your belief that the petition doesn't state a substantial change in circumstances sufficient to warrant a hearing. There is no such thing as objecting to a hearing in general.

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