Skip to main content
No photo

Jane Hughes’s Answers

104 total


  • Who has to file for the modification ?

    My ex wife has and wants to give me full custody of my son. We have 2 kids together . who files for the modification ? And why does that person have too ? Is there something there bout child support cause I'm gunna try to terminate c.s. fully 10...

    Jane’s Answer

    • Selected as best answer

    I would suggest you file two petitions in New York, one to modify custody and a second to terminate child support and request support from the mother. In New York Family Court, those two issues are heard before different persons. An agreement between the parties works well as long as you provide two agreements, separating finances from custody and have the signatures notarized and acknowledged. Certain provisions should be in each agreement so it is important you consult an attorney.

    See question 
  • If a divorce stipulation of settlement was signed a year ago, what procedures does the court take to ensure continuance?

    It's been a year since I signed a stip of settlement. Within that year my ex violated all the important clauses he n his attorney made up? In Nassau county , no judge or lawyer seem to follow up on if any party defaulted or if any clauses needed ...

    Jane’s Answer

    Depending on the wording of the stipulation, you can file a motion in Supreme Court or a petition in Family Court seeking enforcement. You should contact an attorney to review the document itself and offer advice based upon specific wording in the agreement. The attorney will also advise in what Court and jurisdiction the matter should be commenced in.

    See question 
  • Can I file a restraining order against my minor childrens paternal grandparents?

    For almost 2 yrs now, there have been lies going between my almost 14 yr old son, and his father, and fathers parents. They are trying to convince him that I don't want to "put up with him", "i don't want him happy." They have also him told him li...

    Jane’s Answer

    This is technically not a domestic violence issue or one that can be handled through an Order of Protection. Commence counseling to document the statements and their affect on your son. If there is a court order for grandparent access- file a petition to modify citing everything you listed above. If there's not, deny visitation or file a petition to restrict the father's visitation, requesting supervision through an agency citing your concerns. It's key to have a mental health professional to state the impact their behavior has on your son.

    See question 
  • Violations in family court

    My ex has a drinking problem and in our temporary order it states he nor his friends can drink in front of our twins or drink up to 12 hours before getting them. He's been violated 3 times already for drinking, so how many more times does he have ...

    Jane’s Answer

    I don't understand why you keep asking the same question over and over again, slightly changing the facts and your location. You have already stated you have an attorney and it's your attorney's decision to hold evidence until the hearing and not bring up the violations at the pretrial conference. If you are unsatisfied with counsel, hire someone else or represent yourself. Continuing with the same question abuses the purpose for which this site was created.

    See question 
  • Can I press criminal charges against someone causing intentional pain against my child

    my daughter is 6 years old she has visitation with her father on the weekend everytime she goes to visit his current wife does my daughters hair which csuse my daughter pain. My daughter has told me that my ex's wife combs her hair too hard and p...

    Jane’s Answer

    This is a real grey issue. From your facts, it's unclear whether your daughter suffers any injury or headaches as the result of the wife's actions. You can put your concerns in writing to your ex and tell him to notify her to cease and desist the behavior. Then you have proof he was notified of the concerning behavior. If she doesn't stop, I would have a school counselor speak to your daughter and see if it rises to the level of abuse. The school counselor is a mandated reporter and has to contact Child Protection Services. You then have the option to file a family offense petition against his wife in Family Court or move to modify your ex's access requesting that the wife not be present during his visitation. Without proof of injury, harassment or emotional harm, the Court may not grant your request for relief. Find out if she's doing anything else. If your ex knows what she's doing and it is considered abusive, he could be charged with failure to protect your daughter, or complicit in the abuse. You need to get more evidence and contact an attorney who is familiar with domestic violence law.

    See question 
  • In legal field- orders of protection- Who's to say if I contacted this person?

    I was just currently ordered an order of protection against someone. This person is more than likely going to call the police and tell them I have been contacting them. Were going through a vicious breakup, also from have been with this person for...

    Jane’s Answer

    If a no contact, stay away Order of Protection has been issued against you. All she has to do is contact the police and allege you violated the Order for you to be arrested. It is up to the Court to hear the facts and determine the veracity of her allegation. Since you have a criminal history, even if there is no history for violation of Orders of Protection, the prosecution will have that information with them in Court and it will depend on the Judge if they are allowed to refer to it. Please contact an attorney with domestic violence experience.

    See question 
  • Legal advice about order of protection.

    There must be some sort of law that is in effect in new York state that allows some one that has been issued an order of protection against an individual to not automatically be arrested and put in jail just if the person says that you contacted t...

    Jane’s Answer

    I agree, if there is a pre-existing stay away, no contact Order of Protection, a mere allegation is enough for an arrest. A conviction requires that the District Attorney's office prove you made the alleged contact and you have the opportunity to present facts to prove your innocence. It's important you contact an attorney familiar with domestic violence and Orders of Protection because a contempt charge is serious.

    See question 
  • Order of protection once again.

    This is for my previous questions that I forgot to mention. This order of protection in. Full keep away-stay away. I know that's not the proper legal wording but you know what I mean. Ita full non contAct keep away order.

    Jane’s Answer

    Avvo does not combine your answers together so it's impossible to answer your question. You're going to have to rewrite your questions including all the facts.

    See question 
  • What recourse do I have to protect my grandson,,,( read details)

    my daughter left her 6 yr. old home alone to go out with her friends. The police was called because m y grandson was walking the streets in the wee hours of the morning crying. Child protection told me not to allow my daughter to take him out alo...

    Jane’s Answer

    You need to file a petition for full custody and ask that the Court grant her supervised visitation through an agency. This should be filed immediately by Order to Show Cause and ask to speak to the Court after petition processing dockets the case. That way, you can ask the Judge for immediate relief terminating her access to your grandson until further order of the Court.

    See question