Archived
Are the details below sufficient to warrant an order for emergency temporary custody on the basis of neglect?
Mary Katherine's answer
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Answered on September 13, 2015
No, these facts would not support an order for emergency custody. That said, it may be useful to consider how you may have more involvement in the...
Archived
Can the mother of my 12 year old children move out of state without my permission even though there is child support court order
Mary Katherine's answer
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Answered on September 13, 2015
Unfortunately, if your children have been living in another state for "over a year" then it is very unlikely you can force them to come back to NY,...
Archived
ANNULMENT AND DIVORCE IN NYC
Mary Katherine's answer
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Answered on September 12, 2015
This is going to be a very fact-specific analysis and what may be done about it can vary. Generally, NY requires a proper marriage license to...
Archived
Can I lose custody or get custody modified unfavorably.
Mary Katherine's answer
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Answered on September 09, 2015
The only thing you need to worry about here is the fact the the other parent seems be blowing things out of proportion. Courts don't change...
Archived
Prior loss of custody
Mary Katherine's answer
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Answered on September 09, 2015
The fact that a parent lost custody of another child will not have an impact upon the current proceedings; however, the reasons why it happened may...
Archived
Military law and spousal support
Mary Katherine's answer
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Answered on August 30, 2015
No, in the situation you've described there would be no spousal support ordered.
What would be an appropriate gift for my divorce attorney?
Mary Katherine's answer
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Answered on August 28, 2015
That's very kind and thoughtful of you, and your gesture will no doubt be appreciated as much or more than the gift itself. In my opinion, a pen...
Archived
If a couple is married,say 3yrs, and they buy a house in NJ but put husbands name does wife have any legal claims on that
Mary Katherine's answer
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Answered on August 28, 2015
Yes, property acquired during the marriage is presumed to be marital property regardless of how it is titled.
Archived
Were my due process rights violated by Family Court?
Mary Katherine's answer
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Answered on August 28, 2015
If you owe child support arrears, the court has broad discretion to issue warrants, etc. I suggest you speak directly with a local attorney for...
Archived
Should I file for custody and start the court process even though I have full time custody unofficially?
Mary Katherine's answer
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Answered on August 26, 2015
It really depends on the individual facts of your particular situation--in some cases, "if it isn't broke, don't fix it" applies, others benefit...