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Louis Lawrence Sternberg
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Louis Sternberg’s Answers

2,237 total


  • Can I file opposition papers in family court?

    can I file opposition papers in a family court matter? My ex served me with custody papers. She is claiming that I do drugs and I am not fit to be around our son. I can take a blood test, I do not do drugs but she filed as an order to show cause. ...

    Louis’s Answer

    In Suffolk County Family Court, you do not file opposition papers. You can appear and orally state your position to the court.

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  • Can a previous default judgement be vacated and the case reopened.

    Does Connecticut courts allows a defendant to vacate a default judgement in an annulment case. The reason for uncontested trial was no show by the attorney/defendant on medical grounds. Please educate me about the process

    Louis’s Answer

    You will need to re-post your question under the Connecticut section of Avvo. New York law does allow for parties to request that a default judgment be vacated under CPLR 5015.

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  • Is there a way for a non biological parent to adopt a child legally if there is no other father on the birth certificate,?

    The biological father isn't on any paperwork. There was a private DNA test done but nothing in court or on the birth certificate. Can the man who's been in the child's life since pregnancy take over responsibility legally and change the child's n...

    Louis’s Answer

    You can go forward with a step-parent adoption but you will need to give notice to the father (despite his absence from the child's life). If the Father appears on the case and does not consent, you will likely need to have a trial.

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  • Do I have to agree in a divorce to alternate claiming our daughter if I have custody?

    I don't want to agree to let my spouse claim our child alternative years for taxes. He pays child support and has every other weekend visitation. The child lives with me. He has never claimed our child in her 10 years of life. We were only married...

    Louis’s Answer

    It is presumed that the custodial parent can claim the child in all years. The parties can agree to a different arrangement in a divorce stipulation of settlement.

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  • How to achieve an order of protection

    My fiancé recently got voice mails and text messages from a previous acquaintance calling him names and saying that they were going to come back to New York and hurt him and kill him and a lot of threats and has been harassing him. The guy that's ...

    Louis’s Answer

    Your fiance can file a Family Offense petition in Family Court. Please understand that effectuating service will be difficult.

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  • How much will cost me to file for a divorce case

    I need a lawyer for a divorce case

    Louis’s Answer

    The filing fees will be a few hundred dollars but your legal fees and additional out-of-pocket expenses can be many many thousands of dollars. The total fee will depend on the complexity of the case and the amount of time required to reach a resolution.

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  • What do I need to do.

    I moved to Texas 5 months ago my 5 year old son lives with his dad in NYC, I want to seek physical custody. I visited to see my son over this weekend. He explained to me, that his father's girlfriend had hit him for not brushing his teeth.

    Louis’s Answer

    Retain an attorney and file for custody. You will need to bring the case in New York.

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  • Are we required to go to court or is the signed agreement enough? Is it possible to file the agreement with the court ourselves?

    Good morning, I am currently in the divorce process and my wife and I have come to a settlement agreement on our own. The agreement has been signed by both parties and was sent to our attorney's to finalize the divorce.

    Louis’s Answer

    Assuming the agreement fulfills all of the requirements specified by law then the agreement and the remainder of the uncontested packet can be submitted to the clerk's office. The paperwork can be submitted by an attorney or by the parties.

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  • Will someone take 50,000 to get my life back to normal

    Family members are using my annuity as collateral

    Louis’s Answer

    Use Avvo's Find a Lawyer tool to find an attorney in your area.

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  • What should father do to cease support payments

    19 year old son refuses to live with custodial mother who receives child support. Son has moved in with father who supports son. Divorce Agreement says "(c) establishing a permanent residence away from the residence of the Mother, except for...

    Louis’s Answer

    File a modification petition in the family court ASAP. A modification will be retroactive to the day that you file but no earlier so file your petition today.

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