Can my wife change the locks? We are not divorce, I have not been in the house for 4 months due to arguing?
David's answer
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Answered on August 03, 2018
Neither party may resort to self-help. Your remedy, however, is to file for divorce along with a motion to be restored to the residence. Schedule...
Archived
Can I go to NY to get MY daughter from her father if no custody agreement is in place?
David's answer
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Answered on August 03, 2018
I wouldn't advise to resort to "self-help." If you have no proof the child was legally in your care, then you'd need to file for custody, either...
Archived
Can my sons father be granted visitation if he’s estranged ?
David's answer
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Answered on August 03, 2018
The short answer is yes, he has visitation rights so long as he has paternity rights. How much visitation to court will grant him is an open...
Archived
Can a my son daughter mother leave the state without the consent of him ?
David's answer
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Answered on August 03, 2018
Generally not - usually a relocation of a child requires either express permission or court permission. If he objects to the move, he need to file...
Archived
Do we need to go to court to modify custody and Support.
David's answer
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Answered on July 26, 2018
If you have outstanding court orders, the only way to technically modify them is to file petitions. You can certainly have the agreements drawn up...
Archived
How common is it for a guard ad litem to oppose a reloc. appeal in a NY appellate ct? Does the g.a.l. have a lgl oblig 2 do so/
David's answer
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Answered on July 26, 2018
By "guardian ad litem," does you mean "Attorney for the Child? If so, such an attorney can formulate a position on behalf of the child(ren), which...
Archived
Can I be sued for legal fees for filing a Child Support petition?
David's answer
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Answered on July 26, 2018
Your case is arguably frivolous simply because the law does not authorize your filing. FCA 422 governs who may file a petition for child support. ...
Archived
Adopting stepchild?
David's answer
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Answered on July 26, 2018
You can't adopt the child without consent of the mother. That said, the law has liberalized in recent years such that it's possible for "father...
Archived
Divorce someone in Puerto Rico, while spouse lives at unknown address in Puerto Rico
David's answer
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Answered on July 26, 2018
File for divorce - get the spouse served. Whether NY would ultimately have "in personam jurisdiction" over the spouse is a different question. ...
Archived
I dont want child support from my wife, how do i go about requesting this when i have full custody?
David's answer
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Answered on July 26, 2018
Nothing obligates you to request child support. You can either do a separation agreement or divorce settlement agreement which agrees to zero...