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Mary Katherine Brown

Mary Katherine Brown’s Answers

9,792 total


  • How do I prove I’m not married to someone?

    Mary Katherine’s Answer

    Speak to HR and explain how the error occurred. If it was accidental, you should be able to fix it by explaining. If you intentionally misrepresented that you were married, you should speak directly with an attorney about the situation. Good luck!

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  • In New York , can contested divorce become uncontested ? Can mediation be used using contested divorce ?

    Mary Katherine’s Answer

    • Selected as best answer

    Yes, of course! The divorce becomes "uncontested" as soon as the parties agree upon all the terms. I suggest you reach out to a NY Divorce attorney for more information and to discuss all your rights and options. Good luck!

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  • As a moneyed spouse, when a judge orders you to pay out more or most if your income, what if any recourse do i have?

    Mary Katherine’s Answer

    As the other attorneys have suggested: it is impossible to analyze the fairness or your options for recourse without knowing all the facts and circumstances of your case. Judges rarely make orders they believe are unenforceable due to impossibility. As such, I suggest you get in touch with a NY Divorce attorney asap to have your situation assessed and to be advised accordingly. If there's a path to getting you relief, a good attorney will find it. Good luck!

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  • Is it possible to change visitation arrangements ?

    Mary Katherine’s Answer

    If you can't work this out without court intervention, your first task is going to be figuring out which court can/should help you. Generally, it is the court that issued the original custody order (NJ); however, if none of the parties still reside in that state (seems neither you nor other parent do), then the state where the child currently lives (NY) should have jurisdiction assuming NJ will let it go, and they probably would. You don't say where "she filed a motion" but most likely wherever that was is where you need to go now to address the transportation issue, and if it was in NY, then you should reach out directly to a NY Family Law attorney to figure out next steps, and if it wasn't then best to reach out to an attorney where her motion was filed. Good luck!

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  • If no court order is in place, who has residential custody in nyc?

    Mary Katherine’s Answer

    It would be a good idea to speak directly to a Brooklyn Family Law attorney asap if this issue is important to your current or future planning. The term "residential custody" isn't even used by some courts (just last week, a judge told me he doesn't use it) or it is used for child support purposes only, so determining why this is important to you is a first step in figuring out what you may or may not need from the courts to address your situation. Generally speaking, if there's no court order or valid written agreement saying otherwise, the parents are presumed to be on equal footing, but most courts will seek to maintain the status quo unless and until a custody decision is made and an order issued. The fact that you have mentioned in your posting 51%/49% split suggests you may be asking for tax purposes, and in that case, you have to speak to a tax professional to determine who is "primary residential" parent for "tax purposes". Good luck!

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  • How do you remove someone who is not the father off the birth certificate

    Mary Katherine’s Answer

    I suggest you consult directly with a NY Family Law attorney because how you go about this depends upon additional factors you have not mentioned in your posting. For example, if you know the biological father and he is willing to be named the legal father and the father on the birth certificate is also willing to give up his status as father AND making this change is determined by the court to be in the child's best interests, the process will not be very complicated or expensive. If any of those factors are not true or in question, then the process will be much more difficult and costly. Good luck!

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  • How can a v docket custody case be revoked ?

    Mary Katherine’s Answer

    It would be best to have a NY Family Law attorney review the existing orders and assess your situation after discussing all the details and history with you. How you go about attempting to "undo" a past court decision depends on many factors both procedural and factual. If your parental rights were never terminated, there is hope. Good luck!

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  • Can a mother sign her perental rights away before the child is born in NYS?

    Mary Katherine’s Answer

    You should reach out to an attorney directly to a NY Family Law attorney to discuss your situation. There is a new law in NY (The Child Parent Security Act) that MAY apply to your situation if you want to establish all parties rights prior to the birth of the child. Otherwise, after birth you can proceed with an adoption if all parties consent. Good luck!

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  • Gaining custody of a sibling from father

    Mary Katherine’s Answer

    If her father agrees, you should be able to do it -- there are many possible procedures you could follow to achieve your goal of having your sister with you and becoming her primary caregiver. If her father does not agree, you would have to seek court intervention in DR, and you should speak with an attorney in DR. Good luck!

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  • Can I adopt my 17 year old nephew and bring him to America am a Citizen of the U.S

    Mary Katherine’s Answer

    Yes, if you meet all other qualifications to adopt you should be able to adopt your nephew; however, you would not be able to adjust his immigration status based upon the adoption. I suggest you get in touch with an adoption attorney directly to discuss your situation. Good luck!

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