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Anthony Gerard Buono
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Anthony Buono’s Answers

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  • I have already had a custody/visitation hearing. However i want to go to mediation and cancel everything else is this possible?

    I am the custodial parent and the one that initiated the case.

    Anthony’s Answer

    If the other party is willing to do so, you may be able to go to mediation. However, depending on your judge and the allegations and testimony at the hearing, things may not be so simple. If you are serious about this you should speak to the attorney for the children and see what they have to say.

    You also should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

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  • Will having photos help me get custody of my kids?

    if i have pictures of him passed out because he drank with our 1 month old daughter in the same room and a photo of a hole he punch in our bedroom door and also pictures of bruses he has left on me and my 19 month old daughter. will those photos h...

    Anthony’s Answer

    The photos will help. You should make sure that you have duplicate copies; One for you and one for the court. Be prepared to testify that the photos accurately depict what is in the photo.

    You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • I am currently seperated from my husband of 35 years. He has put over 9000 miles on my car and removed furniture from our home.

    I had a police escort take me to my home for clothing, jewelery, winter coat, laptop boots and things agreed on by our lawyers. He refused to give them to me. What are my rights? My lawyer, Sheldon Benatovich has not talked to me in over a month.

    Anthony’s Answer

    You need to do something soon to protect your rights. If your attorney has not contacted you in a month and you are turning to this website for help, you need to get a new attorney. A new attorney may not be able to get you your stuff out of the house but they should at least keep you informed of the status if your case and explain to you why they can or cannot do things for you.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • Regaining joint custody after drug rehabilitation...I willing gave my child to the paternal grandparents when my son was a

    Little over a year old. They eventually filed for tempory custody n later got custody by default due to me not showing thou I never received papers. At this time they believed they were not blood related n never filed as grandparents. They receive...

    Anthony’s Answer

    • Selected as best answer

    You have a complicated situation. This is really a hard question to answer on line. I think this is why four days have passed and no one has answered this for you. If you have completed rehab and you are clean that is good.

    You need to do something soon to protect your rights. You should consult with a local attorney who concentrates in custody and Family Law matters. They will be able to better assess your situation and give you the advice you need to protect your rights as a parent. Good luck to you.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • If a father who has joint custody moves to a different state is he liable for extra child support?

    A father sharing in joint custody in PA moves to AR is he liable for the every other weekend that he doesn't see them and the once a week during the summer.

    Anthony’s Answer

    No. The frequency of visitation usually should not change his support obligation. This is the same as if he exercised more visitation; he would not have to pay you less child support in that circumstance.

    You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • Can a custodial parent put a non custodial parents partner on paperwork for family court?

    My wife's ex boyfriend and the father of there two sons has put me on custody papers for change of her visitations. He has also on this petition asked for an order of protection on my wife and I with his accusations that we call the cops on him an...

    Anthony’s Answer

    He can list you as a respondent or interested party. But if you really have no legal obligation to these children he is not going to get anywhere.

    As for child support, you are not responsible for the support of these children so he is not going to get child support from you.

    In any event, if you are served with court papers you should immediately have a consultation with a local attorney who concentrates in family law.

    Anthony Buono
    Attorney at Law
    Valatie, New York
    www.AnthonyBuono.com

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  • Will my children be made to see their father?

    My children's father hasn't seen them in over 4 years. During his last visit, he had made our kids take cigarettes out of the ash trays at a local convenient store for him. The kids are now 15 and 13 and want absolutley nothing to do with their ...

    Anthony’s Answer

    This is a hard questions to answer. A lot depends on the Judge. You should consult with an attorney who practices family law in the county where you case is pending. They will be able to advise you better. With the little information I have I can tell you that the children are old enough for the court to consider their objection to seeing their father and based upon the facts that you offered, they seem to have good reason to want not to see him. They need to explain these reasons to the attorney whom the court will assigned to represent them. Their attorney must advocate for them and let the judge know what the children want and why they want it.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

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  • In NY can a mother claim child support from the income of the wife of her child's father

    She is already collecting from the father but want to include his wife's income.

    Anthony’s Answer

    The short answer is no. But if this income is substantial it may be a reason to deviate upwards and award child support in excess of the presumptive amount under the Child Support Standards Act. You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • I was just layed off, how do i go about reducing my child support payment?

    what ill b getting from unemployment is 1/3 of what u used to make. the children im paying child support for are 20 years old. i have 10 and a 11 years old with my wife. i cant afford to payment that much. im currently payin $250.00 oer week.

    Anthony’s Answer

    Being laid off and out of work is not enough under New York Law to get your child support reduced. The law in New York is that a parent seeking modification of child support provision of prior order or judgment must demonstrate substantial change in circumstances that warrant such a modification.

    When a parent seeking downward modification of child support based upon his or her loss of employment, they must demonstrate that loss of employment occurred through no fault of their own and that he or she diligently has sought re-employment. Although practice varies from court to court across New York State, as a general rule, if a parent qualifies for unemployment benefits, the court most likely will accept that their loss of employment was not their fault.

    It is the second part of this rule that usually presents the problem for many litigants. The unemployed, or occasionally under-employed, party must prove that he or she diligently sought re-employment. This means more than just saying that "I looked for a job." A diligent job search in the information age means looking on-line, posting a resume on-line, following up on applications or resumes submitted. It requires being proactive. The efforts made in this diligent search can be written or typed up into a nice neat chart, with the names and addresses of employers as well as the contact made and the dates for such. This then can be presented in Court as detailed proof of a diligent job search that satisfies the legal requirements.

    You should consult with a local attorney who concentrates in custody and Family Law matters. On-line advice is no substitute for an in-person attorney consultation.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question 
  • Can my daughter grandmother get custody/visition rights from me?

    Ok me and my daughter father made an agreement that when he comes to New York this summer he can take our child to stay only for the summer to spend time with his family that she really never gets to see. I'm 24 my daughter is 2. We are from Chas....

    Anthony’s Answer

    When you get to New York you should consult promptly with a local attorney who concentrates in custody and Family Law matters in the county in which your petition is pending. On-line advice is no substitute for an in-person attorney consultation. But I can tell you that you probably will have to deal with this in the New York Courts since your child has lived in New York for at least the past six months. This makes New York your child's home state for purposes of jurisdiction.

    ANTHONY BUONO
    Attorney at Law
    Valatie, New York
    518-758-1979
    www.AnthonyBuono.com

    See question