Darren M. Shapiro’s Answers

Darren M. Shapiro

Jericho Family Law Attorney.

Contributor Level 4
  1. 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

    I am sorry to hear about your wife's tough stance against you. You may be able to file a motion to request visitation rights to be restored. It's possible that the Judge will not decide the issue until after the hearing/trial is completed. The Judge might even consider an oral application to restore your unsupervised visits. In short, there is no exact answer to your question. It depends on the circumstances and the players involved (the judge, the attorney for the child, the parties to...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. 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

    You, or more appropriately your lawyer, should request a quick hearing on the petition if the judge will not dismiss the case right away or an agreement cannot otherwise be made. The burden of proof to prove the case is entirely on your sister in law to: prove her allegations in the petition; that they amount to a Family Offense; and that she should be entitled to maintain an order of protection because of the alleged Family Offense. It is not your burden to prove anything, however, if you...

    3 lawyers agreed with this answer

  3. Family law?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Yefim Rubinov
    3. Jack Richard Lebowitz
    4. Mary Katherine Brown
    5. Darren M. Shapiro
    5 lawyer answers

    There is no longer any presumption in the law that children belong with their mothers or their fathers. Courts need to rule on the best interests of the child when deciding matters of custody and visitation. I do not believe that a limited order of protection that was obtained before your son was alive should prevent you from getting a normal schedule of visitation or parenting time. You can also consider whether or not you want to file for custody. Give me a call if you want to discuss...

    3 lawyers agreed with this answer

  4. Please recommend divorce mediators in NYC or Brooklyn

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Rixon Charles Rafter III
    3. Pieter G. Weinrieb
    4. Darren M. Shapiro
    5. Gillian Anne Brady
    5 lawyer answers

    I am a divorce mediator. I think you are wise in choosing the mediation process which is usually substantially less expensive and less stressful than litigation.

    2 lawyers agreed with this answer

  5. I have an order of protection that is subject to visitation & custody orders, mom wont allow me to go on a trip. what can I do?

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. Eric Edward Rothstein
    3. Morghan L Richardson
    4. Darren M. Shapiro
    4 lawyer answers

    Sorry to hear about the refusal to honor your parenting time right. The other lawyers that answered this question did give practical advise in that you can bring the court orders to the school in order to exercise your right to go on the school trip. If you are still denied your access, and her lawyer does not help, you should ask a court to help you by filing a violation/contempt proceeding. Even though you might be filing after the fact of the denial of your visit, it could be helpful to...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I want to get full custody of my daughter and only give her father supervised visits..

    Answered over 1 year ago.

    1. Yefim Rubinov
    2. Lauren Lisa Hunt
    3. Darren M. Shapiro
    4. Jon Michael Probstein
    4 lawyer answers

    I am a family law attorney and can help you with your application in family court. You would need to file a custody and visitation petition to establish your right to custody and the terms on which the father can see the child. Give me a call if you would like to discuss your situation. It would be my pleasure to speak with you about it. Darren M. Shapiro, Esq. 516-333-6555 www.NYAttorneyDivorce.com

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Question on divorce and alimony

    Answered about 1 year ago.

    1. Louis Lawrence Sternberg
    2. David Alexander Browde
    3. Darren M. Shapiro
    3 lawyer answers

    The challenge for you will be getting a court to impute income to your husband to maximize any potential maintenance, the modern word for alimony, award. Since it sounds like his declared income is less than genuine, that is why it is necessary to have the court do the imputation. Imputing income means a court using its power to declare what a persons income is based on factors like the payor's experience, history, lifestyle, and financial benefits being give to him by other people. The...

    1 lawyer agreed with this answer

  8. Can child support be terminated for my 20 year old daughter.

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Darren M. Shapiro
    3. Vivien I. Stark
    3 lawyer answers

    The clear case of a 20 year old child that can be declared emancipated, since child support otherwise goes to 21 in New York, is if she is not in school, working full time and self supporting. Since you do not list all of that information in your question I would say that it sounds like she could potentially be emancipated depending on the rest of the facts. Financial independence is the standard that courts are supposed to use. Children of employable age can also sometimes be deemed...

    1 lawyer agreed with this answer

  9. How much weight does the wishes of a 10 year old have , when the courts consider custody ?

    Answered over 1 year ago.

    1. Darren M. Shapiro
    2. Lawrence Allen Weinreich
    2 lawyer answers

    A ten year old's wishes can have some sway in influencing a court's decision on child custody. His/her wishes, however, will not control but merely one factor that court considers in deciding custody. Usually, the older the child, the more important their desires are in deciding custody. The more mature a child is, the more weight their desires are usually given by a judge/court. Shared physical custody, however, usually is only ordered by a court if there is an agreement about the issue....

    1 lawyer agreed with this answer

  10. Can I modify a child support agreement if my divorced was finalized 3 months ago?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Darren M. Shapiro
    3. Peter Christopher Lomtevas
    3 lawyer answers

    If the divorce was filed after November 2010, the default provisions regarding child support modifications are that parties may seek to modify child support if :1. Three years or more has elapsed since the last order; 2. income has changed by 15% or more; 3. if there is a substantial change of circumstances. Parents can specifically opt out of the provisions when entering into a stipulated or consent order. If income has changed by 15% then it might be possible to seek a modification....

516-333-6555