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Aunt has guardianship of my daughter, Do I need to petition the court for my daughter to reside with me if my sister agrees?
David's answer
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Answered on July 16, 2014
Yes - the only way to change a court order is to file a modification petition. The petition will still need to be served on both the aunt & the...
In NYC can I stop paying child support for my 20 old son if he is living with his girlfriend and has a son of his own ?
David's answer
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Answered on July 16, 2014
Merely living elsewhere doesn't necessarily mean he's emancipated. The standard includes whether he's also completely self-supporting (i.e.,...
Archived
Can I adopt my stepdaughter to absolve her biological father of all owed and future child support?
David's answer
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Answered on July 16, 2014
If the biological father is consenting, then he can sign a surrender within the context of the adoption case. You would then need to follow-up...
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How do I go about legally changing/adding a middle name in New York State?
David's answer
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Answered on July 16, 2014
You can find forms & instructions here: http://www.nycourts.gov/courthelp/namechangeinfo.html. You generally do not need an attorney for name...
Archived
What can be done with regards to all money my husband owes me?
David's answer
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Answered on July 15, 2014
I'm unclear on what you would be subpoenaing. If there's a dispute as to whether your husband took out one or two loans after commencement of the...
Archived
I have a 15 year old little brother who lives in Mississippi with my mom, can I bring him to NY legally if I get him in school?
David's answer
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Answered on July 15, 2014
You would need to file for custody in that state as MI is his home state for jurisdictional purposes. Thus, call a MI child custody lawyer to...
Archived
I've been separated from my wife for 13 years, and I want to get an uncontested divorce. She is fine with this.
David's answer
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Answered on July 15, 2014
You should contact a Westchester Divorce attorney to schedule a consult. You'd ultimately need to file a summons & complaint with the court, then...
Archived
NY Uncontested Divorce with Minor Children. No Health Insurance Coverage. Can divorce be granted?
David's answer
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Answered on July 15, 2014
You can still get divorced, yes, but it's possible the Judge would want to know why you haven't applied for either Medicaid, Child Health Plus or...
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Does a divorce supersede a family court order as it relates to child support?
David's answer
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Answered on July 15, 2014
You can modify the Family Court order within the divorce case. You should include a claim for modification within the pleadings, and then...
Archived
NY Uncontested Divorce with minor children. Can QMCSO be used for health ins. purchased through Obamacare insurance exchange?
David's answer
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Answered on July 15, 2014
Yes, it can be. The reason is that the Affordable Care Act still has coverage thru private insurance companies, which would thus still be subject...