Skip to main content
Mark S Guralnick

Mark Guralnick’s Answers

403 total


  • Child custody..Painful matter..

    I need your help... I am ukrainian, my child is american citizen, by USA law my daughter resides with me in Ukraine (i have desidion of the court). My ex-husband has very good income but doesn't want to help a child. Can you recomend me pro-bono ...

    Mark’s Answer

    Does your decision of the court say anything about child support? Was your ex-husband ever ordered to pay anything to you?

    Our law firm would be happy to help you try to collect child support. We are not pro bono; we do not work for free. But we will try to work with you on an affordable basis.

    Mark S. Guralnick, Esq.
    (866) 337-2900

    See question 
  • Can I have the adoption reversed?

    My daughter's paternal grandmother and her father talked me into signing adoption papers for my daughter so she could get her social security and she promised that I would still be her mother in every other way. Now she has taken her away from me...

    Mark’s Answer

    These are tough cases. It depends on how long ago you signed the adoption papers. If it was recently or not too long ago, you may have a chance, but if it was many years ago, then the court is less likely to consider a "reversal" of an adoption order. The longer ago it happened, the more likely the paternal grandmother will argue that your daughter has become immersed in their lives, their home, their community.

    I've handled a few cases of this sort over the years. If you're serious about this, you'll want to communicate with an attorney as soon as possible and start gathering all of the relevant evidence.

    Please feel free to contact me if you need legal assistance.

    MARK S. GURALNICK
    1-866-337-2900

    See question 
  • If someone steals money, and purchases a house with the stolen money, who owns the house?

    Common sense says that stolen money does not legally belong to the thief, even after the thief takes control of it. What happens when the stolen money is converted into real estate. If the thief or a controlled business entity is on the property...

    Mark’s Answer

    Legally speaking, the house belongs to whomever purchased it -- whomever signed the agreement of sale, whomever made the deal -- whose name is on the deed as the "grantee"

    If somebody stole money, you may have an independent right to sue them (not to mention any criminal charges for an actual theft). You could file a civil suit against the thief for conversion, civil theft, breach of contract, fraud, and whatever other legal claims may apply to your situation.

    NOW, you raise an interesting question. If you can establish that the stolen money was used to purchase the property, or that the property was deceptively placed in another name, you may be able to assert a fraudulent conveyance. You may be able to force the sale of the property, or you may obtain a judgment or lien against the title.

    If the amount of money is worth it, then you should call an attorney to assist you with this situation. We have offices in Dade and Broward, and I'd be happy to help you.

    Mark S. Guralnick, Esq.
    (954) 545-9898

    See question 
  • I need help NOW to get custody of my baby daughter. Where can I find a lawyer that is pro bono or does sliding scale?

    My daughters mother is a practicing drug addict, has felony charges against her which we still have to go to court for, has been in jail numerous times for grand theft, prostitution, panhandling, drug possession etc.She was found nearly dead from ...

    Mark’s Answer

    Sounds like you do need some legal help. We'd be willing to help you. We are not free (pro bono) lawyers, but we'll try to work with you to make it affordable.

    You need to quickly file a Petition for Establishment or Modification of Custody, and you may also need to proceed under the abuse and neglect statute.

    Call me, and we'll set something up... My office is near the Tampa International Airport.

    Mark S. Guralnick, Esq.
    (813) 872-9000

    See question 
  • Can I divorce my husband if I don't know where he is?

    We were married in November 2001. He beat me often and I left him in June of 2002. In August 2002, I met someone else and we have been together ever since. My new boyfriend is a wonderful man who treats me really good and I would like to marry ...

    Mark’s Answer

    You need to file a Petition for Dissolution of Marriage in St. Johns County Circuit Court.
    You should also seek a Protection Order if you fear that your husband will commit domestic violence and harm you again.

    There is no 7-year rule for divorce. You will remain married to this guy until you get a divorce. Therefore, I suggest that you start the ball rolling.

    I am an experienced Florida lawyer, and I'm quite familiar with this kind of situation. Call me, and I'll walk you through the process.

    Mark S. Guralnick, Esq.
    1-866-337-2900

    See question 
  • How do I enforce an FRO stating my husband has to pay the household bills?

    I was granted an FRO and my husband was ordered to pay all of the household bills. He has not paid one yet and things are getting shut off. He was also ordered to pay spousal support which he is not doing. What do I have to do and how long can ...

    Mark’s Answer

    If you have a final restraining order (FRO), I assume you have it as a result of a domestic violence hearing. You could file a motion with the same judge to enforce his order.

    The bigger question is this: Are you going to get divorced? If so, you ought to retain an attorney, file for divorce, and seek an up-front order that enforces all of these issues as part of the divorce. The Family Court can do much more for you -- property, money, protection, child support, etc. -- as part of a divorce case.

    This kind of motion is known as a "pendente lite" motion. I have a great deal of experience with this kind of situation, and I'd be happy to help you. Please feel free to call for a phone conference or a meeting at our Newark office.

    MARK S. GURALNICK
    (973) 682-9999

    See question 
  • What if your charged with third degree burglary no weapons but tools and you were convicted of robbery as a minor 10 years ago

    How much time am I looking at.

    Mark’s Answer

    Assuming you are treated as a first-time adult offender, a non-violent burglary is classified as a third degree crime. The standard sentence for a crime of third degree is between three and five years.

    However, there are many aggravating factors or mitigating factors that may possibly affect your case. If convicted, these factors could make your sentence longer or shorter.

    You should know that if you were using tools to commit a burglary, these tools are admissible in evidence against you under the precedents in State vs. Wade and State vs. O'Leary -- unless you can prove one of the exceptions.

    You should retain a good criminal defense attorney as early as possible. You may have defenses you are unaware of.

    Our law firm would be happy to help you. Please feel free to call me. We have offices in Paramus and around the state.

    MARK S. GURALNICK, ESQ.
    (201) 804-9000

    See question 
  • Charged with strong arm robbery

    charged with strong arm robbery whats the sentnce guide lines

    Mark’s Answer

    It's a very serious charge, but sentencing depends on your priors, if any, and on a variety of factors.

    Do you have an attorney? If not, please feel free to come in for an appointment. My office is in East Brunswick. Call me

    Mark S. Guralnick
    (732) 342-9292

    See question 
  • Who would get custody fo their son? Wife who moves in with boyfriend or husband?

    Will an affair impact who gets custody? Janine's Question: My daughter is going through a divorce. She has filed first and now I have discovered she is having an affair during this process and before. My son-in-law has not. And their reason fo...

    Mark’s Answer

    The general rule is that custody is based on what's in the child's "best interests." As Brette points out, this could involve a number of factors. It can also involve what's the child's best educational interests, support interests, health and safety interests, cultural and spiritual interests, and general welfare. There are few absolutes in this discussion, which is why every custody case must be handled carefully and with a full explanation of the facts.

    In your case, it appears that your daughter has been leading a somewhat immoral lifestyle. Her affair will not necessarily cause her to lose her daughter, BUT it may have an impact on the case. If she's now with an unsavory guy, or a person who proposes any sort of danger to the child, it may harm her chances of custody. If her parenting skills are slipping because she's pre-occupied with another relationship, it may affect her rights. Indeed, any significant change in your daughter's lifestyle could have an adverse affect on her rights, if it implicates the best interests of the child. So, Janine, you score a few points too.

    I wouldn't worry about judges forming a negative opinion. They see so many divorces and custody cases, they really don't remember who's cheating on who, from day to day.

    If your daughter anticipates a custody fight, she should retain an attorney who focuses on these kinds of cases. This is what I do, and I would be happy to help her. You did not indicate if she's already retained a lawyer, but if not, feel free to contact me. Feel free to call my office in Morristown at 973-682-9999.

    If you want more information about this, check out my website on New Jersey Custody Law. It's located at www.CustodyLawyerNewJersey.com

    I'd also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://custodytip.com/

    MARK S. GURALNICK, Esq.
    (973) 682-9999

    See question 
  • We have Joint and physical legal custody.I want primary residence, he is fighting me. What r my chances with a shared custody?

    My husband and I are almost done with divorce, or so I thought. He is now arguing that he will not give me primary residence because that leaves me with the final decision. We agreed to joint physical and legal custody. Doesn't one parent have t...

    Mark’s Answer

    It's not necessary that one parent be designated as the "primary parent" or the "parent or primary residence" as it's officially called. But as you probably know, there is almost always one parent who IS the primary caregiver to the child. If you believe you should have primary physical custody of your daughter, then you need to take a number of steps to protect your legal rights, and to prepare for a "plenary hearing" or a trial on the issue. This includes filing a CVP, conducting discovery, gathering witnesses and hard evidence, preparing pre-trial motions, etc.

    I'd be happy to help you, if you're looking for an attorney who focuses primarily on child custody cases. Feel free to call me at 973-682-9999, or visit me in our Morristown office.

    If you want more information about this, check out my website on New Jersey Custody Law. It's located at www.CustodyLawyerNewJersey.com

    I'd also like to invite you to follow me on Twitter where I give out daily custody tips. http://twitter.com/DailyCustodyTip

    Also, please visit my blog on Daily Custody Tips at http://custodytip.com/

    MARK S. GURALNICK
    (973) 682-9999

    See question