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Marco Caviglia

Marco Caviglia’s Answers

4,409 total


  • After being separated for 4 years do I still have rights to our home and his pension.

    separated for 4 years from a now retired cop. he stated that because of the amount of time separated I no longer have any rights to our home and to be satisfied with whatever amount of money he decides to give me month by monthI. I am NOT educated...

    Marco’s Answer

    It is not clear, but I am assuming you are not legally separated. The marital estate, nor its growth, does not end because one party abandoned the other. So your marital rights are largely still intact. Further, your spouse, if monied and you are not, still has the obligation under the NYS General Obligations Law to support you on all essentials. You may petition to a Family Court for spousal support and/or commence a matrimonial action. You should obtain a consultation with an attorney as soon as practicable.

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  • My friends and I were walking IN the street, where the cars normally drive. Could we get arrested for this ?

    We weren't crossing the street, but my friends and I were walking IN the street, where the cars normally drive. Could we get arrested for this ? Also, I'm curious what statute would apply to this type of thing.

    Marco’s Answer

    No one on this site is going to waste time answering a trivial hypothetical.

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  • I was shopping at walmart with my girlfreind and she put diabetic test strips in her purse while we shopped am i in trouble

    Finishing up shopping she decided she didnt need them and we returned to the iasl she found them in and started putting them back on the shelf and thats when a uniformed cop and two LP guys told us to stop and come with them. We were accused of st...

    Marco’s Answer

    Invoke your right to counsel and right to silence. If they have a case, they will arrest you. If not, don't provide evidence to them by discussing, meeting, or anything else. Contact a local attorney.

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  • I'm going to be arrested on Monday and have never been arrested. Are arraignments 24/7?

    Could I be arraigned at 1am? or is it basically a 9am to 5pm schedule. If that's the case then from 6pm to 8am is just waiting in a cell with a million other people and no way to sleep?

    Marco’s Answer

    If a court/judge is unavailable, then typically an arrestee is held in lock up until the next morning.

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  • Father looking for primary custody for 2 yr old special need son. Advantages of having attorney appointed by the state for child

    Son receives multiple therapies 5 days a week. Father is a Fireman, works an average of 6 shifts per month. Mother works 4/5 days a week. Father has been present and involved in 90% of his therapy sessions (documented). Would an attorney provided ...

    Marco’s Answer

    This is typically performed by the party's attorney, probably seeking an forensic evaluation. The attorney for the child (who I assume yo mean by state attorney) would not necessarily request this, though s/he could and perhaps should. Consult with an attorney.

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  • I gave my grandparents my daughter at the age of 17. They then did a full adoption for her. Birth certificate has there names.

    They gave me her back. Never went to court but we did let the adoption agency kno. The stop the checks and insurance. I was told I would have to supply her with her needs. My daughter past away two years ago for wrongfully death. My question is do...

    Marco’s Answer

    You may be over the statute of limitations for wrongful death. Seek local personal injury counsel.

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  • My boyfriend owes back child support . We want to to dallas texas for family reasons can he fly? Or will he be arrested.

    He has a bench warrent he saw it online however he was never served and they tried to serve him but we moved so now they dont know our address can he fly to Others states without being arrested at the airport ?

    Marco’s Answer

    If there is an open warrant, he can be arrested in any US jurisdiction, including an airport. There is less of a chance that on a domestic flight they will check for same as opposed to an international flight, I believe. But he takes his chances.

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  • Adoption Question

    What are the residency requirements for one adult to adopt another in NYS? Does the adoptive parent need to be a US citizen?

    Marco’s Answer

    Generally, the child must be under 18 and the parents over 21; at least one adoptive parent is a U.S. citizen and be a permanent resident and fully completed adoptions, so that under the Child Citizenship Act the child becomes a US citizen once adopted. You should consult an immigration attorney for details or an experienced adoption attorney for details.

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  • My daughters bio dad is Threating to take Custody if I take him for backed Child support

    My daughter who is now 3 lives with me (I have full custody) and her stepfather the only father she has known but she just recently started going to see three different specialist(which are not cheap) so we do need extra money and her bio father h...

    Marco’s Answer

    Consult a local family law attorney, but unless you have had a shaky history as the custodial parent, it sounds like it might be more bark than bite. Courts are sensitive to the inconsistency of a parent seeking custody suddenly when the other wants back support.

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  • Can a child under joint legal custody request emancipation from one custodial parent? If so, at what age is this possible?

    My Daughter is 10, and wants to be able to refuse visitations with her father who holds joint legal custody. She resides with her mother, stepfather, and three siblings. There has been continuous visitation recently, but there is a history of neg...

    Marco’s Answer

    In NY, not enough there to deprive visitation under the facts you present, and 10 year olds don't have any basis for enunciating emancipation successfully. Consult a local family law attorney who practices NY law as I assume the case is in NY although you write from Jersey.

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