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I gave up my paternity rights so that the non biological lesbian mother of my child could adopt her. Can I sue for visitation?
David's answer
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Answered on November 13, 2014
It depends on how you "gave up your rights." If you executed an unconditional surrender & same was filed with the court in the context of an...
Archived
If I have a temp stip for 17% child support and arrears and I lose my job am I still responsible for back support?
David's answer
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Answered on November 13, 2014
You're best advised to file a motion to be relieved of the order. Moreover, you are required to prove you lost your job through no fault of your...
How long does it take step-parent adoption process?
David's answer
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Answered on November 13, 2014
Yes - adoption cases often take a year or more. Moreover, if it's uncontested, there are no court appearances until the finalization ceremony -...
Archived
What are the rights of the Joint residential custodial parent?
David's answer
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Answered on November 12, 2014
I'd suggest to first attempt mediation. If that fails - or if your agreement doesn't suggest utilizing same - then file a petition for permission...
Archived
Can my ex do anything to force the court to change a mistake in our divorce agreement. This is a NY (rockland count) matter
David's answer
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Answered on November 12, 2014
Family Court certainly does not have authority to re-write the agreement in order to correct it. Your ex-wife would therefore need to file a...
Archived
Illegal search
David's answer
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Answered on November 11, 2014
If the complaint specifically states that the search was not illegal, then you would need to file a cross-motion to amend the complaint. ...
Archived
I received a child support income withholding order for someone I contract with and issue 1099-MISCs to. Is this a mistake?
David's answer
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Answered on November 11, 2014
It depends on what the form directs you to do & whether the personal regularly does work for you. If the person doesn't work for you regularly...
Archived
Does it count as medical neglect?
David's answer
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Answered on November 11, 2014
Possibly - but it depends in part on the reason why they did this & also whether they received subsequent medical advise. Schedule a consult with...
Archived
Do you still receive child support for a 18 year old that is no longer in school and isn't working?
David's answer
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Answered on November 11, 2014
Yes, support is paid in NY until age 21 unless sooner emancipated. If the child isn't going to school & only employed part-time, then it's very...
Archived
I am submitting my appellate brief for my Appeal. Should I use the first person or third person as I am
David's answer
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Answered on November 11, 2014
You should use the terms "appellant" and "respondent." Schedule a consult with a NYC Divorce attorney for more info.