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Marco Caviglia

Marco Caviglia’s Answers

4,471 total


  • Family law question regarding my wife and I. I also have a 12 year old son which she is stepmom

    Can she kick me and my son out of our house if she doesnt want me there? Are there any laws regarding minors? I have never been violent towards her. Can she get a restraining order and if so what happens to my son?

    Marco’s Answer

    An order of protection requires a court order from criminal or family court. If you have not been arrested, she can still file a petition in family court alleging a family offense and get an ex parte (i.e. you are not there to defend yourself) order expelling you from the house at least until the first appearance date in court. Otherwise, she can't kick you and the son out without legal process, e.g. notice of eviction if she is the sole owner of the premises.

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  • Ex wife just left my son with me a went away for 2 to six months

    She has a pill problem. Going to a program for the 2nd time in 3 years. Has had 4 addresses in the past year and a half. Im on SSD she gets his money from SSD plus child support. Seperated since 2011 not devoriced yet i cant pay a lawyer yet. On...

    Marco’s Answer

    Please refine this so there's a question involved.

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  • How do I serve my childs father with custody papers if he is refusing to provide his current address or place of work?

    There is no current order, and I am applying for full residential & legal custody. He lives in another city, he recently moved from his mothers address which is the only one I have. His mother is also refusing to give his current address or place ...

    Marco’s Answer

    Have a skip-trace done and he should turn up pretty easily.

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  • I am turning 17 and i am moving out I told my mom. Is there a release form that she needs to sign for me to leave?

    She knows that i am moving in with my boyfriend that has his own apartment. i am going to go to school out where he lives and start my life, because my mom has a husband that verbally abuses me and has tried to hurt me.

    Marco’s Answer

    No, but when you apply for social services and they sue your parents for child support, you can anticipate that they will seek to declare you emancipated.

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  • Should i just go ahead and apply for a child visitation modification?

    My ex and i have been in very good terms about our son and we have zero issues about child visitation...However, she's been out of her apartment due to some landlord issues and now they live in a shelter in Brooklyn, N, which was provided by depar...

    Marco’s Answer

    Get an agreement in written form from your ex that so long as the predicament exists, she is willing to have the child live with you or drastically alter the schedule until she moves to more normal quarters. It is probably psychologically unhealthy for the child to live in a homeless shelter, and if your ex cares for the child, she will do what's best temporarily changing residence, etc. If not, seek an attorney to petition the court.

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  • Ex requested counter petitioned against me last year in which she requested all communication go through a third party. Family

    Court. Judge suggested email and I agreed. Ex is completely narcissistic and email is much easier for me, it hold her to task when she lies and constantly insults me with her malicious emails. At every drop off since she has asked me accusatory qu...

    Marco’s Answer

    The language you quote seems to make email the sole means of communication, so you should obtain judicial relief of same, or some type of accommodation and/or admonition against the other parent. You had better have some strong stuff in the offensive emails from an objective viewpoint though. Consult an attorney as necessary.

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  • Family Court. What punishment am I facing? Are there any possible plea offers? What are the plea options?

    Family Court Order of Supervision in April 2014. Fact finding proceeding in July 2014 found that I neglected my child and issued a stay away order of protection. Suffolk County Social Services now brought an order to show cause re punishment for v...

    Marco’s Answer

    I doubt you risk civil or criminal contempt, but you probably need an attorney to dispute the allegation, as you are at a risk of losing visitation with your child permanently, and that's punishment enough.

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  • How can a non custodial parent lose visitation?

    I do not talk to the custodial parent due to her tendency to lie and play victim. I am worried that she may be out to make me lose my visitation. I have documented all events that occur and only communicate through email only. When she tries to ta...

    Marco’s Answer

    When one is fearsome of losing visitation, there is usually a reason. Poor communication is always a problem to co-parenting, and such deterioration should be avoided. If diplomacy is not possible or even civil communication, and you are reduced to emails, then you have to look at the actual consequences of what you two are not agreeing upon. Only then can your attorney determine if they would rise to the risk you fear. If decisions are being made maturely by email, etc. then based on that one factor, stilted communication, it should not rise to any risk of loss. But if there's a lot else going on, discuss it with a local attorney, since the devil is in the details, as they say.

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  • I want to know how hard and long it would take to get legal non parent custody of my God son.

    His mother is deceased and his father is unwilling to give custody.

    Marco’s Answer

    There is a big void of information in your question, and I think it is not really a "how long" question but "if." In NY, the only way one can get custody of someone else's son is with the parent's consent plus other factors OR if that parent is found to be unfit and other factors compel a court to give custody to the godparent (who presumably is not a blood relative even). You should consult a local attorney to better discuss the details of your case.

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  • What is New York State law on dog euthanasia if dog bites another dog?

    Can a dog in New York State be euthanize for biting another dog. The other dog did sustain some minor injuries but vet bill was taken cared of by me.

    Marco’s Answer

    If a dog is found to be a "dangerous dog" by a magistrate, the court may order it to be euthanized. Biting another dog has a lesser chance of that occurring than if it bit a human. It appears that no complaint was filed with the municipality concerning your dog, as you did not mention that, so you should be OK.

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