Questions answered by Ralph Duthely

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I have joint custody with legal residency with me. I just got a new job working from 9:30 pm - 6 am. How does RTFR apply?

Ralph's answer | Answered on July 06, 2016

I stress as vehemently as I can that you should consult with an experienced family court attorney before going to court and entering into any...

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My sister in law has an acs order against her by my brother in law ...in staten island

Ralph's answer | Answered on June 29, 2016

If she has an order of protection against her, it is likely that she has an attorney. If she is indigent, one would have been assigned to...

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What happens if non-custodial parent wants child for 4 weeks but hasn't interacted with child in over 2 years

Ralph's answer | Answered on June 28, 2016

I agree with my colleagues. The custody/visitation order (if there is one) would be controlling. If the non-custodial parent has an order of...

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Can my Son's Mother move out of state with him without my consent?

Ralph's answer | Answered on June 22, 2016

My colleagues are correct. You should go to the Nassau County Family Court on Old Country Road tomorrow and file a petition. You can do so...

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Application for passport for my 7 yo daughter returned as there is not enough evidence that father is unavailable to sign

Ralph's answer | Answered on April 14, 2014

My advice, as a Family Law attorney, is that you file custody petition. A Judge or Referee in Family Court can issue an order that would allow...

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I have sole custody of my children do I need my exhusbands permission to take the kids out of state for a weekend?

Ralph's answer | Answered on October 30, 2013

If the order grants the father visitation every Sunday, then a weekend trip would impose on his parenting time. Yo should file a petition to...

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Who has custody when no official order of custody was entered, but support order calls dad "non-custodial" and mom "custodial"?

Ralph's answer | Answered on October 30, 2013

I agree with my colleagues. You should file your own petition, alleging that the child has lived with you her entire life, specifying the limited...

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I have sole custody and we have joint legal custody can he prevent me from leaving the state on vacation with the kids?

Ralph's answer | Answered on October 30, 2013

Unless the order specifies otherwise, you have the right to travel out of state as long as it doesn't interfere with the father's parenting time. ...

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Do i need a family lawyer now?

Ralph's answer | Answered on October 26, 2013

You absolutely must speak to a family law attorney before speaking to ACS. Any statements you make will be used against you in court. Anything...

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For pro-rata purposes in my divorce settlement, do I have to show my ex my tax returns?

Ralph's answer | Answered on October 23, 2013

Whatever documentation that you have to provide for purposes of your divorce settlement would be prior to remarriage. Once you are divorced,...

Ralph Duthely's Answers (441)

I have joint custody with legal residency with me. I just got a new job working from 9:30 pm - 6 am. How does RTFR apply?

My sister in law has an acs order against her by my brother in law ...in staten island

What happens if non-custodial parent wants child for 4 weeks but hasn't interacted with child in over 2 years

Can my Son's Mother move out of state with him without my consent?

Application for passport for my 7 yo daughter returned as there is not enough evidence that father is unavailable to sign

I have sole custody of my children do I need my exhusbands permission to take the kids out of state for a weekend?

Who has custody when no official order of custody was entered, but support order calls dad "non-custodial" and mom "custodial"?

I have sole custody and we have joint legal custody can he prevent me from leaving the state on vacation with the kids?

Do i need a family lawyer now?

For pro-rata purposes in my divorce settlement, do I have to show my ex my tax returns?