Archived
What is the required time-frame to provided my wife's attorney with a Demand for Net Worth Statement in a divorce action?
David's answer
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Answered on August 21, 2012
Per court rules, the net worth statement should generally be filed and served 10 days prior to the Preliminary Conference. That said, you should...
Archived
I have a court order to pay child support but my name is not on the birth certificate can she move without telling me
David's answer
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Answered on August 20, 2012
The answer to your question depends on the extent to which you're involved with the child. If you regularly visit, then the Court would likely...
Archived
Can my husband adopt my son without my sons biological fathers permission
David's answer
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Answered on August 20, 2012
If the biological father has not been present, then you likely would be able to prove to the court that he has "legally abadoned" the child, in...
Archived
Can I get custody of my children
David's answer
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Answered on August 17, 2012
The question which springs to my mind is: what is his reason for requesting custody? The answer may then help me in answering your question as to...
Archived
If I have sole physical custody and my husband and I share legal custody would I be able to move out of NY ?
David's answer
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Answered on August 16, 2012
(1) Do you have a prior court order? (2) You would absolutely need his permission or a court order permitting the move. As suggested, I would...
Archived
Which party is responsible for filing for a preliminary hearing in a divorce action?
David's answer
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Answered on August 15, 2012
Either party may file the request for a Judge to be assigned to the case. At the stage you are at, I highly recommend that you consult an attorney.
Archived
Need an attorney to take a divorce case based on 70k variance in 401k plans. Any suggestions ?
David's answer
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Answered on August 15, 2012
I'm a Westchester Co. attorney & would be happy to meet with you to discuss the case. Please contact my office for a free initial consultation.
Archived
Can my spouse leave NY on vacation with kids then notify me of her preplanned move to Utah with kids? No court or divorce docs.
David's answer
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Answered on August 15, 2012
You should definitely consult an attorney right away. In addition to the writ application, you should also file a petition for custody and/or...
Archived
What is the next step in a divorce action a after financial documents have been exchanged? Wife does not want to negotiate now.
David's answer
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Answered on August 15, 2012
First, you definitely need to consult with an attorney & strongly consider retaining one. What advise I would suggest depends largely on what the...
Justice La Tia Martin has forcefully silenced me from presenting any arguments on the record in my matrimonial case, Need advice
David's answer
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Answered on August 14, 2012
The only way to get the Judge to recuse herself is to file a motion in the case pending. The chances of that happening are slim. Your best...