Jane Elizabeth Hughes’s Answers

Jane Elizabeth Hughes

Buffalo Family Law Attorney.

Contributor Level 3
  1. 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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  2. Terms for filing divorce?

    Answered over 1 year 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

  3. I am trying to get guardian ship of my granddaughter

    Answered over 1 year ago.

    1. Brianne Marie Carbonaro
    2. David Alexander Browde
    3. Paul Karl Siepmann
    4. Barbara J. King
    5. Jane Elizabeth Hughes
    5 lawyer answers

    You would file a modification of custody in Erie County Family Court against your ex-husband, the biological mother (your daughter) and the biological father of your granddaughter. An Attorney for the Child would be appointed by the Court to represent your granddaughter's interests and a proceeding to change custody would commence. You will have to prove a change in circumstances since your ex-husband received custody in order to be successful on your petition. When your daughter appears...

    2 lawyers agreed with this answer

  4. Can 1 lawyer arrange an amicable divorce? arbitraiton style

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. David Alexander Browde
    3. Paul Karl Siepmann
    4. Jane Elizabeth Hughes
    4 lawyer answers

    A lawyer can represent a client, prepare a proposed settlement agreement which can be presented to the other party as long as the other party receives notice of their right to independent counsel and specifically waives that right (I have them sign an affidavit to submit with the papers to the court). The settlement papers are submitted to the Court along with other documents required by the Court in the formal divorce proceeding. Another option is to enter into a mediation agreement with...

  5. No kids, no property/assets/etc, want to file nocontest. Only SSD income. Do we have to appear in court or can we do this alone?

    Answered about 2 years ago.

    1. Steven Gabin Wiseman
    2. Paul Karl Siepmann
    3. Jane Elizabeth Hughes
    4. Peggy Margaret Raddatz
    4 lawyer answers

    Steven makes some good points, I would add that there is the option of your Husband hiring an attorney to file, create the documents and settlement agreement, while you simply hire an attorney to review the agreement prepared by the other side. This would reduce your cost. The warning I would offer is to make sure no debt has been taken out in your name without your knowledge that you would be responsible for after the divorce is completed, and to make sure you are not waiving any right to...

  6. Can my spouse file for divorce in a state I am not resident of?

    Answered over 2 years ago.

    1. Jody N. Gerber
    2. Jane Elizabeth Hughes
    3. Howard J Pobiner
    3 lawyer answers

    Alot depends on the residency requirements of that state in divorce actions. In New York, both parties must be here 1 year or one party for 2 years. You would have to contact an attorney who practices or knows the law in the state he currently resides. If he doesn't meet the requirements, New York has jurisdiction. May I suggest you file in New York to avoid this issue now that New York has changed its fault requirements. I practice in Erie County and you should have no problem filing in...

  7. If I give my ex custody in the divorce, can I just re-file for custody once the divorce is finalized?

    Answered over 2 years ago.

    1. Howard A. Schwartz
    2. Elazar Aryeh
    3. Jody N. Gerber
    4. Jane Elizabeth Hughes
    4 lawyer answers

    If you consent in the divorce to your spouse having custody, in order to seek modification of that agreement and the divorce judgment, you would have to show a change of circumstances that relate to the children making a change in custody in the children's best interest. This will be difficult absent an intervening event if the same set of circumstances exist at the time of the divorce and when you seek modification so be careful that you don't forfeit your rights just to make things easier....

  8. Joint account, legal to withdraw with a civil restraining order in place?

    Answered over 2 years ago.

    1. Benjamin J Lieberman
    2. Jane Elizabeth Hughes
    2 lawyer answers

    I think a large part would depend upon how the bank account was set up. If if was a guardian account then if all funds were yours and he merely had right to supervise the account as a legal guardian but had no interest in the monies deposited, then I would think you could withdraw the funds if the restraining order was a stay away or non-offense Order of Protection. If both parties put money into the account be careful that he doesn't have equal right to the funds or if you withdraw more...

  9. Family Do we have the legal right to disown our parents and avoid them even out of rebellion if they didn't do anything heinous?

    Answered over 2 years ago.

    1. Jody N. Gerber
    2. Inna Fershteyn
    3. Jeffrey Bruce Gold
    4. Jane Elizabeth Hughes
    4 lawyer answers

    From strictly a family law position in New York State, the court does not have jurisdiction to determine custody of a person who is 18 years or older, so emancipation would have to be petitioned for prior to 18. Do understand that once you seek emancipation, you lose all rights to support which under New York law, you are qualified to receive until age 21. My advice is to be careful of making a decision in anger and do a cost benefit analysis before commening any legal matter that would...