I have CPS but she dont do nothing only feels like it I have a baby girl 9 months and one on the way have a boyfriend who's 22 years old I'm 17 years old not the father of my kids but is willing to take me and the kids is it possible for me to mov...
If your parents are consenting g to you moving out, and the place you'll be moving into has proper accomodations for the children AND you can financially support yourself and the kids, then I see no reason why you can't move out. Of course, from your posting it's unclear why CPS is involved, so this would need to be factored in. Schedule a consult with a Westchester Family Law attorney for a full assessment.See question
My name is on the birth certificate of a child that is now around 12 or 13 years old.She is not my child my now ex wife has told the court the same thing that I am not the father.they started garnishing my check 1 year and half now I've been fight...
If your name was on the borth certificate, then presumably you also signed the acknowledgement of paternity. Your remedy is to file a petition to vacate the acknowledgment of paternity - you'd need to retrieve a copy of same for the filing. Your other remedy is to talk to the mother about having the child adopted. Schedule a consult with a Westchester Adoption attorney for a full assessment.See question
constantly being harassed by individuals,by electronic harassment, and stalking?
If the "individuals" are not related or someone you had (or have) an intimate relationship with, then your remedy is to contact the police. Otherwise, you may consider filing for an order of protection. For more info, call a Bronx Domestic Violence attorney.See question
My ex wants to Go to court to get shared custody. My question is can he have it even if he shares he's apartment with other people ?
The short answer is yes, especially if there is a separate bedroom for the child(ren). Of course, him asking for shared custody & him getting shared custody are 2 completely different things - shared custody is actually rarely awarded. Schedule a consult with a Bronx Child Custody attorney for a full assessment.See question
I would like to file a formal complaint against a family court referee. How do these complaints get reviewed? Would the referee be aware of who file the complaint? I think the fear of retribution is what deters some people from filing complaint...
Beyond writing to the Supervising Judge of the courthouse, you can also file a complaint with the Commission on Judicial Conduct. And since it's the Office of Court Administration who appoints the Referees, consider filing a complaint letter with that agency. That said, unless his/her conduct was really "over-the'top," don't expect it to get you anywhere. Schedule a consult with a Bronx Family Law attorney for a full assessment.See question
Does every divorce go through trial? How long is the trial and what are the steps?
Rarely do divorce cases proceed to a full trial - less than 10% do. Indeed, the majority of divorces remain at the uncontested phase - meaning they're settled out-of-court without anyone seeing a Judge or stepping foot in court. Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment.See question
The gist of it is, my ex husband is violating the order of protection I have in place against him in order to make it look like in purposefully getting in the way of his court ordered visits with our son. The problem is, he continues to violate th...
Well, there's another way to handle the violations - file a violation petition/motion. If the Judge him/herself is suggesting that you back-off on having him arrested, then filing the violations puts it squarely in the Judge's lap what to do to punish your ex. Schedule a consult with a Bronx Domestic Violence attorney for a full assessment.See question
OSC in contempt of CS & Alimony. Defendants financial disclosure submitted is not credible. How is this handled in court? 2013 tax return "fraud". Neighbor's residence reported on return, phony business out of residence, . All Tax returns are frau...
If the opposing party's finances are fraudulent, s/he could be defaulted in their proof. Then, if his defense is "inability to pay," he would lose that defense. If you're heading to trial, you should have an attorney representing you - at the least consult with one. Call a Westchester Divorce attorney to schedule an appointment.See question
In a divorce settlement on what income do they base their alimony/child support deductions? Based on what you made last year on your taxes or what you are currently making?
The general rule is that they base the calculation on income reported on "last filed tax return." However, if enough months have gone by i the current year that a responsible projection of your income can be done, the Court has discretion to use current-year figures. Schedule a consult with a Westchester Child Support attorney for a full assessment.See question
I have a old support order that I have been paying on (thru garnishments) for over 17 years. This is paid to the Dep. of Social Services because my children were in their grandmothers custody and she was getting assistance. The child support order...
It's not unlawful - it's actually statutorily-mandated. The court cannot take away the interest unless DSS agrees to same - and its extremely unlikely they will.See question