He has given to court and police phony address in the past police could not find him there but nobody charged him with violation!!? Yesterday he sent my lawyer a email along with attached copy of the mail to me. I can't reach my lawyer to ask him...
If your order of protection states no electronic communication, and does not provide any exceptions, then it would appear he violated the order. As to whether you call the police and/or file a violation petition is best assessed at a consultation. Thus, call a Westchester Domestic Violence attorney to schedule an appointment.See question
My wife and I want to take the retiring plan of if i passed away she would continue to get my retirement after my death. Can I do that even tho I have a xwife of 6 yrs. also my xwife owes me years of back child support whst can I do to not have ...
Whether you can make your current wife your "surviving spouse" depends on not only the wording of your DRO, but also the wording of your settlement agreement. Many agreements prohibit shifting the "surviving spouse" provision. Schedule a consult with a Westchester Divorce attorney for a full assessment.See question
I have been separated from my spouse for several years. I want to get a divorce on the grounds of adultery. However, I was informed that the time limit is only 5 years.
Correct - the statute of limitations for adultery is 5 years. That said, NY now has "no-fault" divorce, which is how 99% of litigants get divorced in NY nowadays. Call a Bronx Divorce attorney to schedule a consult.See question
I was married to my wife for 5/6 years over 20 years ago. In our divorce decree since she was the custodial parent they gave her a portion on my pension. 6 months after the divorce I became the custodial parent and my kids have been living with...
Let's put it this way - you can certainly file a motion to enforce the child support - and then the probable settlement would be that she completely or at least partially waives her distribution of the pension. That said, because the support would be intertwined with the pension, only Supreme Court would be able to handle the issue. Call a Westchester Child Support attorney to schedule a consult for a full assessment.See question
Want to do my divorce but my husband is in prison in florida and I live in n.y. Can I do my divorce without contacting him we've been separated for 8 yrs
You cannot get divorced without him being served - but you can still serve him with the divorce summons in jail. You'd just need to get him served via the warden. Call a White Plains divorce attorney for more info.See question
I'm homeless practicing sobriety and honestly not able to live with this hindering me. I'm unable to find the peace of mind nor the happiness required to live for this reality I am aware of. I do want to be responsible yet I refuse to find myself...
You can serve up to 6 months in jail for each violation. Violation petitions, however, could be filed annually and thus you may be looking at spending years in jail ultimately. It may be better to either apply for public assistance, disability or a jobs program. Call a Bronx Child Support attorney for more info.See question
My son's mother is relocating to Florida and my son wishes to remain in NY. I am applying for a change in residential custody. Can that be denied to me if she chooses to make her 21 year old the custodian so she can continue to receive child suppo...
I wouldn't think the child living with the 21yo would be in the child's best interests. That said, of course, there are many factors which go into a custody case, so I also can't say without a full assessment whether the Judge would grant you custody in the alternative. Call a Bronx Child Custody attorney to schedule a consult.See question
I have joint physical custody of my 10 year old son, his mother lost custody because of physical abuse. She had chargers pressed in criminal court for neglect and was given probation.this was 5 years ago. She recently took our son to my mothers ho...
It's accurate that after you've consented to the Referee "hearing and determining" your case, it would be very difficult to get the case moved to a Judge - especially after a trial date has been set. I suppose the issue to discuss is whether you understood the Referee was both "hearing and determining" rather that "hearing and reporting" and whether you executed a written stipulation to that effect. For a 2d opinion, call a Bronx Child Custody attorney to schedule a consultation.See question
Father met girl got her pregnant didn't know she was married wants to give up parental rights
There's no such thing under NY law as "terminating one's own parental rights." You can surrender your parental rights, but ONLY in the context of an adoption proceeding. Call a Bronx Adoption attorney for more info.See question
Advise I would be indicated for spanking child with spoon on the butt. CPS advised that fighting this with a lawyer would be a waste of money. Advised that it doesn't mean anything but a red flag in their system. I feel this is not right.
An "indicated case" is an administrative finding that there was 'some credible evidence" that you committed child abuse/neglect. It's more than just a "red flag" in their system, as it's potentially discoverable to potential employers in the childcare setting, etc. CPS is certainly not there is give you legal advise (as to whether to contest the finding at a Fair Hearing), so you should definitely consult an attorney on the question. Call a Westchester Child Abuse defense attorney to schedule an appointment.See question