Archived
My divorce Stipulation states through children’s respective emancipation I give each child reasonable allowance?
David's answer
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Answered on June 16, 2019
Such a provision seems rather odd - I don’t think I’ve actually seen such a provision. That said, if the stipulation doesn’t state an amount, then...
Archived
How do I get permanent SOLE custody?
David's answer
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Answered on June 16, 2019
There’s no such thing as “permanent” custody, as all custody & visitation orders are subject to modification. That said, the mother would need to...
Archived
If there is only a visitation order in place can I keep my child ?
David's answer
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Answered on June 16, 2019
If the Judge set an access schedule, then you can only keep your child with you on the days prescribed in the order. Any other deviation must be...
Archived
Can I publicize the children's attorney is bias/ prejudice against me?
David's answer
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Answered on June 10, 2019
I would not advise to say anything about the Children's Attorney online as that may backfire on you. If you have any issue with that attorney,...
Archived
Can I move out of NY State with my 11 month old?
David's answer
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Answered on June 02, 2019
First, the father doesn’t win custody merely because you don’t have a job. Instead, the court will consider his obligation to pay child support -...
Archived
Is there a document that can be created to waive spouses rights to property when separated?
David's answer
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Answered on June 02, 2019
Yes, it’s called a divorce settlement agreement. It’s a document drawn up during the divorce process which resolves all outstanding issues between...
Archived
When I went to court for child support, since he was on unemployment he was ordered to provide medical coverage only.
David's answer
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Answered on June 02, 2019
If there was no court order requiring him to pay a specific amount, then you’re not owed any back money. That said, the Court does have the power...
Archived
Does who ever have the child at the time keeps the the child ?
David's answer
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Answered on June 02, 2019
If your child was in your custody & it can be proven, then (a) call the police, and (b) file a “Writ of Habeas Corpus” with the Family Court asking...
Archived
Can you use prior evidence like 2014 or 2015 or 2018 incidents ?
David's answer
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Answered on June 02, 2019
Yes, the prior evidence is still admissible, though the older it is, the less weighty it’ll be. Try to get the evidence of any criminal...
Archived
Can I leave New York with my kids without permission of the father or the court ?
David's answer
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Answered on June 02, 2019
You’re best advised to resolve that issue in court. If you don’t have explicit permission to relocate, then get a Judge to authorize the move. ...