Archived
If a divorce is granted, but stayed pending desolution of property, am I still divorced. Husband refused to sell home.
David's answer
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Answered on December 17, 2014
The only way you are technically "divorced" is if the Judge has signed the Judgment of Divorce & same has been entered in the county clerk's...
How long does a restraining order hearing last? how long does a contempt hearing of restraining order last in family court?
David's answer
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Answered on December 17, 2014
It largely depends on how many witnesses are called & the individual Judge's availability. That said, such hearing usually take about 1-3 trial...
Archived
Would parental consent need to be through the aide of an agency or a professional
David's answer
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Answered on December 16, 2014
An extrajudicial surrender must be done within the context of a guardianship proceeding, preceding an adoption filing. Thus, you generally must go...
Archived
After I file for divorce in NY and demand full custody, (I have 2 little kids) can he still take them to other states w/o me
David's answer
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Answered on December 16, 2014
Does the father have primary custody? When you say "take them to other states," do you mean just on temporary trips? If so, then generally yes so...
Archived
During divorce in NY, do I have to show the history of my bank account even though I already closed that account and moved money
David's answer
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Answered on December 16, 2014
In short, yes, you must generally disclose bank accounts whether they are currently open or closed. Each side is presumptively entitled to full...
Archived
Can I report my husband for marriage fraud if he state that we didn't make an arrangement that married as wife and husband
David's answer
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Answered on December 15, 2014
It depends on what you mean by "arrangements." If you and/or he believes that either of you committed fraud in the inducement of the marriage, you...
Archived
I have sole legal custody of my child with his father having visitation if I agree to it I want to move out of state can I do so
David's answer
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Answered on December 15, 2014
The best advice is that you need either the father's express written (& notarized) consent to the relocation, or you need to file a petition for...
Archived
Day care and child support
David's answer
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Answered on December 15, 2014
You can offer an alternative, such as a relative caring for the child. If she still insists on paid childcare, then ask to alternate the...
Archived
My boyfriend has joint custody of his son that lives with the mother. If there is violent abuse can he get Custody?
David's answer
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Answered on December 15, 2014
The issue in part is whether the mother was at fault in the incident, such as negligently failing to keep proper supervision or failing to get...
Archived
How to get a divorce without my husband?
David's answer
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Answered on December 15, 2014
If you don't have an exact address for him, but otherwise have his social security number & d.o.b., you should then hire a private investigator to...