Archived
In NYS, if my ex sends our child to a boarding/high school in a different state, can I petition for child support modification?
David's answer
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Answered on January 23, 2019
Most likely not - the child's attendance at school would most likely be considered a temporary residence & thus not a permanent residence away from...
Girlfriend has a CPS case on her made boy ex husband of neglect, but ex-husband isn't the father of these kids?
David's answer
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Answered on January 23, 2019
In theory, you would be a "person legally responsible" if you resided with the children & allegedly committed child neglect. Whether you submit to...
Archived
Will my ex be responsible to pay counsel fees for both my enforcement motion and my response to his OTSC not to pay?
David's answer
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Answered on January 20, 2019
One would think the answer is yes. A definitive assessment would be had thru a review of the divorce settlement as well as the Judge’s Decision on...
Archived
CAn I get in trouble if I have a order that say I have full legal and physical costudy of my children but have to ask to move?
David's answer
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Answered on January 16, 2019
It's hard to say, because one doesn't know from where - to where - you moved. One also doesn't know whether there was a provision restricting...
Archived
Can I move with my daughter to Florida without her fathers permission if we are not married ?
David's answer
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Answered on January 16, 2019
I would not advise to do so. Marital status does not affect his rights - he's still generally entitled to regular contact. Thus, you should file...
Archived
Can a parent who has custody of child get restraining order on non custody parent ?
David's answer
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Answered on January 16, 2019
If he's merely asking to see the child, then that's not a basis for an order of protection. Moreover, unless a Judge issues an order to suspend...
Archived
What are New York's child jurisdiction requirements?
David's answer
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Answered on January 16, 2019
The UCCJEA, which is the statute governing custody jurisdiction, generally looks at the 6 months immediately preceding the filing of the particular...
Archived
Can you file a separation agreement that allows you and your spouse to continue to live at the same address?
David's answer
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Answered on January 16, 2019
Theoretically yes, so long as you're living in separate portions of the same house (e.g., one lives in the basement, the other on the 1st floor). ...
Archived
Will I be able yo file a QADRO at the time I retire ?
David's answer
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Answered on January 16, 2019
I wouldn't advise to wait. It's best to take care of this now, so it's in place & neither party has any headaches when the participant ex-spouse...
Archived
I have divorce trial today at 2pm? I’m pro se because I can’t afford one. I don’t understand anything!
David's answer
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Answered on January 16, 2019
First, you should goto the Office of the Self-Represented, as they have some resources you can use. Second, you should at least consult an...