Anna J. Matula-Evans’s Answers

Anna J. Matula-Evans

Poughkeepsie Divorce / Separation Lawyer.

Contributor Level 6
  1. Asking a Judge For Temporary Custody In NY

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Anna J. Matula-Evans
    3. David Ivan Bliven
    4. Edwin Drantivy
    4 lawyer answers

    You definitely should ask the Judge for temporary custody by oral application, however, if your son's mother shows up with an attorney and you are pro-se (representing yourself) then you may be 'outlitigated' and may not have much time to speak. I have rarely seen a Judge change a custodial situation at a first appearance especially for someone who doesn't have an attorney speaking for them. Your reasons for asking for an immediate change in custody will have to be compelling and will have to...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can NCP dictate who is allowed or not allowed to live in the house?

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Anna J. Matula-Evans
    3. Edwin Drantivy
    4. Marco Caviglia
    4 lawyer answers

    Practicing in Ulster County Family Court I find it highly unlikely UNLESS the NCP has A VALID reason for making this request, that a Judge would grant this as a term in the Court's Order. The likelihood that the Judge would grant this request to the NCP decreases because you are married. If you were just living with a significant other, the NCP's chances of success may have improved. Most importantly, however, is the reason for your ex's request. What happened? Was there an inappropriate...

    4 lawyers agreed with this answer

  3. Does a NCP have the right to go into a child school anytime she pleases and disrupt class or take the child?

    Answered about 2 years ago.

    1. Mary Katherine Brown
    2. Virginia Giselle Alvarez
    3. Anna J. Matula-Evans
    3 lawyer answers

    It appears that you will have to file a Family Court modification petition specifically addressing your concerns so that provisions ordered by the court specific to your situatin can be added to your current Order of Custody. Care must be taken in how the petition is drafted however, because you mustn't impede in her parental rights, particularly if she has joint legal custody. A Judge can address this issue specifically in a court order. I suggest you consult with an experienced Family Law...

    3 lawyers agreed with this answer

  4. I was wondering if my mother can sign my custody over to her best friend. We live in New York.

    Answered over 1 year ago.

    1. Anna J. Matula-Evans
    2. Marco Caviglia
    3. Edwin Drantivy
    3 lawyer answers

    Your Mothers best friend can file a Guardianship petition. Being over the age of 14 you will also sign a consent to the guardianship. Your Mothers best friend will have to bring the action against both your mother and your biological father (if he is known and alive) as both parents will have to consent. The court will likely appoint a lawyer to represent you and to advocate your position.

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  5. Family court order of protection

    Answered over 2 years ago.

    1. Anna J. Matula-Evans
    2. Joseph A Lo Piccolo
    3. Benjamin J Lieberman
    3 lawyer answers

    No. One could imply that he wouldn't have consented otherwise but it does not prove you are the victim of domestic violence.

    2 lawyers agreed with this answer

  6. Ihave an order of protection against my husband for physical domestic violence

    Answered over 1 year ago.

    1. Anna J. Matula-Evans
    2. Eric Edward Rothstein
    2 lawyer answers

    It sounds as if your Order of Protection has a full stay away provision. If so, I would immediately take it to the landlord and give it to the landlord stating that they would be breaking a Court Order by permitting him to move into the complex. You also could violate your Husband in the Court for breaking the Court Order. This is a very serious matter as it is alarming that he choosing to move into your complex of all places. You should not wait and seek legal advice immediately.

    1 lawyer agreed with this answer

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  7. What paperwork must I file or other actions must I take with the New York State courts to relocate with my son to another state?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Marco Caviglia
    3. Anna J. Matula-Evans
    3 lawyer answers

    I strongly suggest that you do hire an attorney whose primary practice area is Family Law/Matrimonial though because these attorneys will know exactly what needs to go into the agreement so that it will be upheld should your ex choose to attempt to overturn the agreement.

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  8. DNA test

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Jill Marie Zuccardy
    3. Anna J. Matula-Evans
    4. Edwin Drantivy
    4 lawyer answers

    If you are represented by an attorney, the attorney may receive the results prior to the return date to court. It is possible that you could reach out to the lab for the results. You may also be able to access your file from the Court's Clerk's office to see if the results have arrived yet and have made it into your file.

    1 lawyer agreed with this answer

  9. Can I sue for visitation with a sibling when our parents are forcibly separating us?

    Answered over 2 years ago.

    1. Mary Katherine Brown
    2. Anna J. Matula-Evans
    3. Anthony Thomas Ballato
    3 lawyer answers

    1. Question: How is he being "beaten" at school? Perhaps this needs to be reported to CPS also. 2. Another thought: I do not believe there is a Statute of Limitations on Sexual Abuse crimes. Perhaps, since you are now an adult, you can go to your District Attorney's Office and see if they will help you pursue prosecution of at least one of the perpetrators and perhaps that will open the floodgates to hold all the perpetrators accountable. If authorities found the home your brother...

    1 lawyer agreed with this answer

  10. How do I petition the supreme court for a temporary restraining order in a divorce case?

    Answered over 2 years ago.

    1. Penelope J Blizzard-McGrath
    2. Joseph A Lo Piccolo
    3. Anna J. Matula-Evans
    4. Benjamin J Lieberman
    4 lawyer answers

    This type of cross-motion, pendente-lite, is not only time sensitive but it is complex and will require the services of an experienced matrimonial attorney. It is critical that you handle this correctly from the beginning because too many times people try to handle matters themselves and then it may become too difficult for a lawyer later in the litigation process to try to 'undo' certain things in the future. The best advice is to hire an experienced matrimonial practitioner immediately.

    1 lawyer agreed with this answer