Jane Elizabeth Hughes’s Answers

Jane Elizabeth Hughes

Buffalo Family Law Attorney.

Contributor Level 5
  1. What does it mean to have final decision-making affecting the Child’s education through completion of high school,

    Answered 7 days ago.

    1. Jane Elizabeth Hughes
    2. David Zaslavsky
    3. David Ivan Bliven
    4. Clifford J. Petroske
    5. Ilian Alchehayed
    5 lawyer answers

    In New York, custody is determined not by the residence of the child, but by decision making. Under the facts you stated, your ex has final say on the issue of education. That means she can make the decision of where your child/children go to school. If you have joint custody with her, but she is primary residential parent, you can not be kept from school conferences. If she has sole custody- you are going to have to get information of your child's/children's progress through her unless...

    5 lawyers agreed with this answer

  2. I acquired property from my father during my marriage! my spouses name is not on the paperwork for ownership of the property!

    Answered 17 days ago.

    1. Jane Elizabeth Hughes
    2. Emanuel Kataev
    3. Dana Whitney Atchley
    3 lawyer answers

    Property acquired by inheritance or gift to a party during the marriage not intended to be given to both spouses remains separate property upon a divorce. There are some exceptions to that rule- such as when subsequent to the gift, the receiving spouse gives title to the other spouse as well (as with real estate) or deposits the gift/inheritance into a joint bank account (as with money). Clearly that didn't happen in your case. Be aware that your spouse could argue that marital monies were...

    4 lawyers agreed with this answer

  3. How do I find out if husband divorced me behind my back?

    Answered 7 days ago.

    1. Jane Elizabeth Hughes
    2. David Alexander Browde
    3. Eric Edward Rothstein
    4. David Ivan Bliven
    5. Vivien I. Stark
    5 lawyer answers

    You can go to your county's clerks office or his if you live in different locations and check for it. If you find one, definitely talk to an attorney about your rights.

    3 lawyers agreed with this answer

  4. Who will get the house in a divorce,bought house before I got married. my name is only name on deed

    Answered 19 days ago.

    1. Jane Elizabeth Hughes
    2. Cheryl Ann Berzer
    3. David Alexander Browde
    4. Michael Patrick Schmitt
    5. Matthew Thomas Majeski
    6. ···
    6 lawyer answers

    Since you purchased the house before the marriage, it is your house. If the value of the property increased during the marriage due to active improvements made by both you and your spouse, that increase could be considered marital property and you may have to pay your spouse his/her share. That doesn't affect the ownership however. That remains with you.

    3 lawyers agreed with this answer

  5. If your partner is arrested for shoplifting with your child and you are at school, can your child be taken away from you?

    Answered 8 days ago.

    1. Jane Elizabeth Hughes
    2. Marco Caviglia
    3. David Zaslavsky
    4. Scott Thomas Stotz
    4 lawyer answers

    If they charge her with child endangerment then Child Protective Services (CPS) may get involved and commence an investigation. Depending upon their evaluation, they could indicate her for child endangerment and that could be the end of it or the County could decide file a neglect petition against her and you would be brought in as an interested party in the proceedings,. It's too early to know what will happen. At some point it may become necessary to make some hard decisions regarding your...

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  6. Can my sons father make me get rid of my dog?

    Answered over 2 years ago.

    1. Jane Elizabeth Hughes
    2. Laura Mcfarland-Taylor
    2 lawyer answers

    Since the 18 month old did not suffer any injury, it is unlikely that a court would mandate you get rid of the dog. If the older child's father brings a petition for custody based upon that incident, because you have been the primary caretaker of the child, there appears to be no change of circumstances to award him custody. The most the court will do may be to advise that you not leave the dog unsupervised with the children. If you have custody of both children, the father can not...

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  7. My niece had a lawyer during first hearing for Order of Protection. For second, she can't afford one. Will court grant an 18 b?

    Answered 7 days ago.

    1. Jane Elizabeth Hughes
    2. Eric Edward Rothstein
    3. David Zaslavsky
    4. Steven D. Kommor
    4 lawyer answers

    If your niece qualifies for 18-B representation and it's available, she can ask for a referral from the judge. If not, there are other agencies that provide legal representation for those in need. Start checking in your jurisdiction for Legal Aid or contact the YWCA in your area, they have a branch that helps those facing domestic violence. Search on the internet for other agencies as well.

    2 lawyers agreed with this answer

  8. What would the petition do ?

    Answered 11 days ago.

    1. Jane Elizabeth Hughes
    2. Morghan L Richardson
    3. David Zaslavsky
    3 lawyer answers

    You need to check with your dad to see if there has ever been an order for custody before and in which court it was granted (Family Court or Supreme Court). You need to check with an attorney to see which court is best for your circumstances. In NY, you have to be under 18 for the Court to be able to issue an order allowing you to live with your father. If you can file in Family Court, your father can file a petition seeking custody. That petition has to state the grounds upon which a move...

    2 lawyers agreed with this answer

  9. If i havent been formally served an order of protection and a cps worker claims there is one will i still be in violation?

    Answered 15 days ago.

    1. Eric Edward Rothstein
    2. Jane Elizabeth Hughes
    3. David Zaslavsky
    4. Alan James Brinkmeier
    4 lawyer answers

    An Order of Protection is not valid against a party until they are served with that Order. If you were present in Court, they will have already served you at the proceeding. Otherwise, usually the police or sheriff performs service. I would suggest you contact the Court to see if an Order was granted and be proactive and obtain a copy of the order, In the meantime, take every step not to violate what you believe would be the terms of the order to protect yourself. If an Order was granted,...

    2 lawyers agreed with this answer

  10. Terms for filing divorce?

    Answered about 2 years ago.

    1. Brianne Marie Carbonaro
    2. David Alexander Browde
    3. Jacqueline Nicole Newman
    4. Barbara J. King
    5. Jane Elizabeth Hughes
    5 lawyer answers

    If only one party has lived in NY, they have to live here for 2 years prior to filing for divorce. If the parties both live here or only one party remains here, but the marriage happened in NY or the parties resided here during the marriage, the remaining party or both would have to be here for a period of 1 year to file. File for divorce in Tennessee, serve your husband in NY and hire a local attorney to move to dismiss in NY. Be careful no relief has been granted by the NY Court to your...

    2 lawyers agreed with this answer