Archived
Can a noncustodial parent sue the custodial parent in civil court for violation of visitation & contempt of a divorce agreement?
Philip's answer
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Answered on August 11, 2011
This is a serious violation of your parental rights that can be addressed in Family Court, or Supreme Court where your divorce was granted. You...
Archived
Relocating from MY to MD for Graduate School
Philip's answer
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Answered on August 11, 2011
The non-custodial parent can file for a change in custody based upon many of the facts that you have presented, such as leaving the child with your...
Archived
Child Support/Custody Questions in NY:
Philip's answer
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Answered on August 11, 2011
You can file for a change in custody based upon a significant change in circumstances until the age of emancipation. If the child does not attend...
Archived
Divorce question
Philip's answer
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Answered on August 06, 2011
Generally speaking, adultery, or other such conduct does not impact equitable distribution. If assets were acquired prior to the date of marriage...
Archived
How do i get a divorce?
Philip's answer
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Answered on August 06, 2011
If you both agree to the divorce, you will still need to agree to the terms. You should consult with a matrimonial attorney. An uncontested...
Archived
My child currently lives in Az i'm in ny. Do i have to file in Az or can i file in ny?
Philip's answer
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Answered on August 06, 2011
It is unclear what you intend to file for. Do you intend to file for custody, visitaton and/or support? If so, I would need to know how long your...
Archived
Is my ex entitled to the down payment he put on our home before we were married in addition to half of the proceeds?
Philip's answer
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Answered on August 06, 2011
The house is a marital asset, and any equity is subject to distribution by the court. That being said, there are other factors, such as the best...
Archived
Can I prove he has an income with bank statements?
Philip's answer
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Answered on August 06, 2011
It seems that you intend to file for child support, since you are not married and have two children. If the father of your children is making...
Archived
How can I get my share of the equity in our home after divorcing, rather than take it now?
Philip's answer
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Answered on August 06, 2011
You are free to "stipulate" or agree as to your share of the equity contained in the marital residence as it is your case. As to what is "wise,"...
Can I sue my ex-husband for pain and suffering during marriage? If yes , do I sue him before I sign the divorce papers or after?
Philip's answer
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Answered on August 06, 2011
"Pain and suffering" is a personal injury (or tort) cause of action (theory). You would need to prove damages and causation to be successful in...
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