Archived
Soon-to-be ex abandoned two kids previous marriage. Will he be able to get shared custody of our daughter?
Mary Katherine's answer
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Answered on November 14, 2019
It's not really possible to fully analyze the possibility of whether he will get shared custody (meaning equal parenting time) or not without...
Can I file a motion to squash a dirvorce and refile
Mary Katherine's answer
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Answered on November 14, 2019
It sounds like you want to vacate a divorce that was granted on default, but it isn't clear from your posting. I suggest you reach out to an...
Archived
Custody?
Mary Katherine's answer
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Answered on November 14, 2019
Generally, the courts try to maintain the status quo unless it is clearly not in the child's best interests to do so. I suggest you speak with an...
Archived
Can I leave home legally, I'm 18?
Mary Katherine's answer
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Answered on November 14, 2019
You are responsible for your own actions at age 18 and you may do as you wish -- the police will not bring you "home" against your wishes. That...
How do I freeze access to a safe deposit box at the same time I file for divorce?
Mary Katherine's answer
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Answered on November 14, 2019
You have to get a court order to "freeze" the safe deposit box. The substantive and procedural considerations involved in doing so are too complex...
Will a judge award visitation to a parent every weekend?
Mary Katherine's answer
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Answered on November 14, 2019
It is unlikely a court would order every weekend to one parent over the objection of the other parent. Generally, the court's like to try to...
Archived
My daughters paternal grandmother and her husband (not biologically related to my daughter) issue
Mary Katherine's answer
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Answered on November 13, 2019
Although NY does have some recognition of "grandparents rights" it is limited. Generally speaking, a threshold issue would be the biological and...
Should I notice the court of my husband - divorce defendant change of address?
Mary Katherine's answer
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Answered on November 13, 2019
Ultimately, the paperwork is easier if you have correct address information, but initially, proper service should be your priority. If you want to...
Archived
If i have a scheduled visit for 11 and its 4pm when i leave but they have not come am i ok?
Mary Katherine's answer
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Answered on November 13, 2019
Your question isn't entirely clear, but if you are asking whether it is ok to leave after waiting for someone who did not show up after 5 hours,...
Archived
When should I seek a modified child support order for my 17 year old college bound son?
Mary Katherine's answer
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Answered on November 13, 2019
I strongly recommend you file a petition for an upward modification. So much has changed since the last order--this is important to do asap. In...