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Although this was a crim case invlving a Constitutionl right, wouldn't the constit also come into play in this NY reloc case?
David's answer
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Answered on September 15, 2017
The case you're referring to is a criminal case where the 5th Amendment "right to remain silent" does apply. In a civil proceeding, such as a...
Archived
When a child support order is vacted in NY is the language, admission of peternity, and custody also vacated?
David's answer
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Answered on September 15, 2017
Usually paternity under such circumstances is established via an "order of filiation." Thus, merely vacating a child support order, in itself,...
If I file for child support do I have to change my sons last name to his father's once the dna confirms paternity?
David's answer
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Answered on September 13, 2017
No, you're not required to change the name merely because you file for child support. Whether a court would order a name change would be done via...
Archived
Our son is currently 2 months, me and my boyfriend broke up . Do I have to let him see the baby ?
David's answer
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Answered on September 13, 2017
You do not necessary need to let him see the child. If he requests to do so, you can simply tell him if he wishes to establish his paternity and...
Archived
Can I refuse to give the father of my unborn baby any paternity rights?
David's answer
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Answered on September 13, 2017
You do not need to list the guy as the father of the child. It would then be his burden to pursue a paternity case in court. Call a Bronx Family...
Archived
If my child mom lie to the cops & the father proof it in court,when the mom goes to jail for perjury,do dad gets care of child?
David's answer
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Answered on September 13, 2017
Lying to the police would not constitute "perjury," which is a material & intentional misstatement under oath," usually in a court proceeding. ...
Archived
Tempoary guardianship of my two grandchildren?
David's answer
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Answered on September 13, 2017
Well, this would have me confused - are the children actually living with you, or do they merely stay with you while the mothers are at work? The...
If grandparents spank child for discipline can father take action?
David's answer
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Answered on September 13, 2017
Unless the child is bruised during the spanking, then spanking in still legal in New York. It's nothing a Custody Judge could consider, in itself,...
Archived
Family law advice
David's answer
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Answered on September 08, 2017
If that's what your child is saying - and you're confident he'd repeat it to his lawyer, file a modification petition in Family Court. I'd also...
Archived
My kids father pays $100 for two kids a week can I ask for more money ?
David's answer
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Answered on September 07, 2017
You can possibly do so, but the child's condition wouldn't necessarily govern whether you get an increase (at least not in itself). Whether you...