Archived
Why do I lost custody if my daughter goes to live with her father we have joined custody I have last say?
David's answer
|
Answered on February 03, 2014
If your child is 17yo, she can pretty much choose to live with either parent. The reality is that even if the Court allows the case to proceed to...
Archived
Legal Custody Family Court
David's answer
|
Answered on February 03, 2014
No - the terms "legal custody" & "primary residential custody" are interchangeable. The NCP can petition for joint custody, on the other hand,...
Archived
What is the proper way to submit an Affidavit not attached to an order or motion?
David's answer
|
Answered on February 03, 2014
I'd need to understand the context in which you're seeking to submit the affidavit. Generally affidavits are submitted in support of - or in reply...
Archived
What is divorce separation mandatory period in New York
David's answer
|
Answered on February 03, 2014
There is no minimum separation period, unless the parties were doing so pursuant to a Separation Agreement & using that as grounds for divorce (in...
Archived
In a 50/50 shared custody situation, which parent can claim the child when filing taxes.
David's answer
|
Answered on February 03, 2014
I agree with Ms Fiss - if you and the other parent have the child EXACTLY 50% of the time, then you should get the deduction. That said, I'd...
Archived
I'm married with a son I conceived before I got married with another man. Can I take the biological father to court for support?
David's answer
|
Answered on February 03, 2014
If your husband signed an acknowledgement of paternity (merely having his name on the birth certificate is not the same thing), then in addition to...
Archived
Will I continue to get child support in nys if my child attends a five year high school.
David's answer
|
Answered on February 02, 2014
Yes, support continues until age 21 in New York. Thus, whether she needs another year of high school won't affect anything. Schedule a...
Archived
Goals & Standards
David's answer
|
Answered on February 02, 2014
First, a Magistrate cannot "withdraw" a petition - only a party may do so. If he dismissed your modification petition, the only way the Magistrate...
Archived
What is the difference in family law between what a judge "orders" and "directs" a party t do?
David's answer
|
Answered on February 02, 2014
It really depends on the context in which the "direction" is made. Generally a party is only required to do something if that something is reduced...
Archived
Ex agreed to settlement under oath now wont sign written agreement so can get court order
David's answer
|
Answered on February 01, 2014
Do you have a date to return to court? If yes, then simply return before the Magistrate & report same. Have the written agreement prepared &...
Selected as the best answer