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My wife and I are separated and my son and I are staying at my moms. Can we go back to the house even if she doesnt want me ther
David's answer
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Answered on July 27, 2015
Technically you can't be removed from a marital residence absent a court order from the Divorce Judge. In this instance, however, you removed...
Archived
In NY State, what can happen if child support is not being used towards the child, but for personal/frivolous use?
David's answer
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Answered on July 27, 2015
Your remedy in this instance would be to file for custody. The Support Magistrate won't get into how the mother spends the money - they basically...
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What documents do I need to get a restraining order?
David's answer
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Answered on July 27, 2015
You don't need any "documents" just to file a petition for an order of protection. That said, if the case proceeds to trial, you will ultimately...
Archived
I need UTMA Advice
David's answer
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Answered on July 27, 2015
If you borrowed against the custodial account, you may have arguably committed a breach of contract. That said, if you informed a Judge of your...
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About pick up time for visitation
David's answer
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Answered on July 27, 2015
First, it's not kidnapping. Second, if there's any dispute, you'd need a clear order allowing for the deviation in pick-up times for the therapy. ...
Archived
My ex boyfriend and his mother don't let me speak or see my son. What can I do?
David's answer
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Answered on July 27, 2015
You'd need to get a specific court order of access - and then move to enforce it if he violates the order. If he's out-of-state, you'd also need...
Archived
Will the court able to give my child's father phone number?
David's answer
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Answered on July 27, 2015
If they have it on file, possibly. You'll need to goto the Court with photo ID. Call a Bronx Child Custody attorney for more info.
Archived
Will I have to support my wife? Will some of these facts help me in gaining full custody of our one year old?
David's answer
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Answered on July 25, 2015
If you believe these facts are strong enough to constitute child neglect, then you should remove yourself & the child from the situation & then...
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I am an unmarried mother and want to move out of state with my child. What are the ramifications of this..
David's answer
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Answered on July 25, 2015
You will either need express permission from the father, or court permission. If you move without either of those, the Judge could order you to...
Archived
If law guardian wants 50 50 physical custody to make mother get support but forensic says sole to dad what will judge decide?
David's answer
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Answered on July 24, 2015
If forensic says M is unfit, then I'd highly advise father to gather evidence buttressing the psych's findings. If he can present both at trial,...