Skip to main content
Brian Daniel Perskin
Avvo
Pro

Brian Perskin’s Answers

1,156 total


  • Do I bring an action in Supreme Ct, as that's where the stipulation was executed, and it is the higher court, or in Family Ct?

    I have not seen my children in 3 months. There is a support order which was incorporated into a stipulation which me and my ex executed in a NY Supreme Court, and it was so ordered by the judge there. The only thing my ex understands is $, and thi...

    Brian’s Answer

    Do not withhold child support. The court will frown upon you doing so. Continue to pay, and speak to an attorney about filing an enforcement petition.

    See question 
  • Can an attorney that I have consulted about a divorce, but not hired, be retained by my spouse.

    I went for a consultation and personal matters were discussed regarding my spouse and the reasons I wanted a divorce. Information and situations were discussed about my finances and the fact that I felt I was being emotional abused by my spouse. ...

    Brian’s Answer

    This is a conflict of interest. The attorney, or the firm he or she works for, should not represent your husband without your consent.

    See question 
  • In the state of Michigan can I divorce my husband if i'm pregnant.

    I'm currently interested in filing for divorce from my husband of 3 1/2 years, we have a 1 1/2 year old and I'm 8 weeks pregnant with our second child can I file for divorce now or do I have to wait until the baby is born.

    Brian’s Answer

    Yes, you can file now. I do urge you to speak with a lawyer, though, since a custody action will need to be filed, as well.

    See question 
  • Can ex fiance / girlfriend request separation of assets if there were no marriage certificates in NY ?

    I' ve been staying with my ex fiance for about 5 years. We have just separated 3 months ago. and I have a daughter with her of 4 years. We had church ceremony blessing, but I have not signed a formal marriage certificate with her. and I have not s...

    Brian’s Answer

    She will be unsuccessful in her attempt to be awarded alimony, or a portion of your assets. However, she can file a child custody and support action. You will probably have to pay child support, assuming she is awarded primary custody.

    See question 
  • How much would a simple divorce cost? No children, just a small house we share. Can I get alimony?

    Just differences we cannot get past. No abuse. He pays most of the bills. We have no kids. Small house in LaVergne. I don't know if he wants to keep it or sell it, but I will move out. Is it smart to move out prior to divorce?

    Brian’s Answer

    You need to consult with a local divorce attorney. Prices vary, and the lawyers on Avvo will be unable to provide answers without much more information.

    See question 
  • How do I respond to a divorce? He cheated, moved with her 7 months ago. Can I stop the divorce? I saw the case in his clerk

    My husband left me for another woman, after being married a year, & together for 3.

    Brian’s Answer

    You can not stop the divorce. If he wants it, he will get it.

    Speak to a local divorce attorney once you are served with the Summons.

    See question 
  • Legally what do I need to do about my daughter moving in with me

    Mother put daughter outside on porch at night took phone and said that she wasn't welcome in their home for her to stay on the porch until I got (dad) there from Tennessee 4/5 hrs away to pick her up and take her to live with me for good because s...

    Brian’s Answer

    You need to speak to a family law attorney about filing for a modification of custody.

    See question 
  • Can my ex move the kids 3000 miles away if we have joint custody?

    My ex wife's husband got a job offer in Washington state. I live in Connecticut and she lives in New York. We have joint custody but she is the primary residence. I get them currently ever other weekend. She wants to move them to Washington and I ...

    Brian’s Answer

    Refer to your custody agreement. It is unlikely she is able to move the children that far without permission from the court first.

    Speak to an attorney in the county that the children live in. The sooner, the better.

    See question 
  • Uncontested possibly becoming contested?

    I filed uncontested divorce papers in orange county New York on April 1. My spouse was served and did not answer. The only thing I asked for In my papers are child support and equitable distribution of marital property. House is in foreclosure. ...

    Brian’s Answer

    Start compiling a list of attorneys in Orange County who handle contested divorce cases. You don't need to necessarily retain one yet, but it is a good idea to do so if your husband decides to fight you on child support.

    See question 
  • How can I protect my rights as an unwed mother in South Carolina for custody of my son?

    I live in south Carolina, I am wanting to know, how to protect my rights as an unwed mother. My sons father and I signed his birth certificate when he was born. Our son is 2 years old, although we lived together for the 1st year of our son's life,...

    Brian’s Answer

    You should hire an attorney and initiate an action before the father does.

    Since you have been the child's primary caregiver since birth, it is unlikely a judge will grant the father anything more than visitation (and possibly joint legal custody).

    See question