Barry J. Gross's Answers

Is it ethic for an attorney to do this?

A lawyer must explain the entire legal process and the pros and cons of every action before taking that action. A lawyer may not intentionally mislead client. That is a violation of the code of conduct. A lawyer may withdraw from a case, but in a Matrimonial matter, after the filing of a Notice of Appearance in the case, announcing that he is the attorney of record, the lawyer must obtain the permission of the court to withdraw.

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I have sole custody of my 2 kids. What legal rights does an absent, uninvolved, father with a criminal violent history have?

The Father would have the right to seek visitation with the children, but you may very well determine that any contact with him is not in their best interests. You should broach this subject with a therapist and get him/her to give you an opinion on that issue. If your "ex" goes to court to see the kids, use the report from the therapist to counter him. Don't forget, an attorney would be appointed by the court to represent the children and speak on their behalf.

How long before my divorce is final?

The documents sit in the Clerk's office until they reach the top of the pile. They are reviewed and then presented to the Judge for signature. That process lasts about 12 weeks or more. If there is an emergency, , accommodations may be made.

Will a judge dismiss an order of protection case if the first divorce court date is a few days after it?

First, it is seldom a good idea to go to Court on your own. Second, the Family Court or Criminal Court will not dismiss her order of protection solely because on action to divorce is pending. You might consider making a motion to consolidate the two cases. That motion would have to be made in Supreme Court, where the Divorce case is pending. You may also have grounds for your own order of protection. Consider all acts of violence, threats, and the like.

Who pays support in a joint custody situation? Three kids..

When you say Joint Custody, do you mean 50/50 time sharing? If so, the Court of Appeals has held that the parent making more money will pay child support to the other. However, the Court has the discretion to alter the CSSA standards [ 29% of gross income for 3 children, 25% for 2 and 17% for 1, after reducing the gross income by social security and medicare. There are other possible deductions such as unreimbursed employee business expenses. Also, you must add to gross income voluntary...

Divorce question

With respect to equitable distribution of the home, she would only be entitled to a portion of the active appreciation in the value of your home meaning an increase in the value based on improvements,etc. Since you advise that the value has decreased then there would be no distributive share for her. However, she may be entitled to a portion of the reduction in the principal balance of your mortgage, if there was any reduction. If you added her to the deed, then that will change the landscape.

Can husband receive child support for his child although he makes more than the non-custodial mother?

Your income is nearly irrelevant for the purposes of calculating your "ex's" child support obligation. It would certainly be considered for the purpose of apportioning uninsured health costs and child care, if any.

Are there attorneys in northern virginia that can handle a divorce case filed in NY?

Without knowing anything further, it is likely that you will need a NY State lawyer. There are issues that should, or perhaps can, take place in Va., such as a custody dispute if Va. is the home state of the child,etc.