Archived
Is being aware of your child engaging in an illegal activity but not reporting it considered child endangerment?
David's answer
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Answered on November 03, 2014
The underage child would not be guilty of illegality in this instance - only the over-age person. That said, more facts would need to be known &...
Archived
Do I have to take the DNA test where the court is located or can I take it in my location?
David's answer
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Answered on November 03, 2014
You may make that request of the Magistrate. Write a letter & copy the other side and ask that you be permitted to submit the sample at a lab...
How to get divorce. Marriage less than 6 month.
David's answer
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Answered on November 03, 2014
To file for an uncontested divorce under the "no-fault" grounds, you need to plead that the marriage has broken down for at least 6 months - and...
Archived
How do I go about filing for sole physical custody for my son ?
David's answer
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Answered on November 02, 2014
You can just file a petition for custody in the Bronx Family Court. You're best advised to keep a paper-trail of e-mails with the father...
Archived
Vacating a default judgement - how easy is it?
David's answer
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Answered on November 01, 2014
The general rule is that defaults are "liberally vacated." That said, if she has a history of defaulting, the Judge would likely require her to...
Archived
Can a judge force me in Manhattan to liquidate my Ira's to pay for my sons college
David's answer
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Answered on November 01, 2014
If you fail to prove a case on lowering your support obligation and/or are found in willful violation of the order, then the court will likely...
Archived
What happens if the judge is given proof my husband is coaching the kids during our custody trial?
David's answer
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Answered on November 01, 2014
Whether the child is being coached or not is certainly an issue which should be explored in the forensic. I'm not confident either of the...
Archived
If I leave without a legal separation or divorce are there legal ramifications ?
David's answer
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Answered on October 31, 2014
In this situation, you may be best advised to first file for custody, child support & spousal support in Family Court first, prior to filing for...
Archived
My ex is currently trying to increase the amount of child support. A decision came back in my favor, however, I noticed on the
David's answer
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Answered on October 31, 2014
I don't see this as a problem, assuming SCU is collecting the order. If they are not involved in any way, then I'd advise to bring in a copy of...
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Archived
Legal rights of Father over Children born out of Wedlock ? What if the mother refuses to get married & demands Child Support?
David's answer
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Answered on October 31, 2014
If you have sex, it's always with the knowledge that there's the chance you could father children. As such, there's no "pre-condition" regarding...