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Does my son have to sleepover his grandparents house if he does not want to even though it is in a visitation agreement.
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Answered on April 15, 2015
If there is an agreement which was done in the family court, I will assume that the Judge signed off on it making it an order of the family court....
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Relocation out of state without court or other parent's permission?
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Answered on April 14, 2015
If there is a court order restricting you from moving out of the state then you cannot violate it. If you violate it the court can punish you with...
Archived
Can per diem get factored along with my hourly wage when determining child support payments in NY?
Gary's answer
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Answered on March 27, 2015
Yes, the court can and will take the per diem into account. The key is to try and convince the court that the per diem is really an expense for the...
In New York State can I change my last name before divorce is filed?
Gary's answer
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Answered on March 26, 2015
There is a process to change your name. It is a separate proceeding and involves an application to the court and a good amount of paperwork. In the...
Archived
Can I get sole custody for my son even if we the parents still married, but the father refuses to bring our USC son back to USA
Gary's answer
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Answered on March 20, 2015
You have a larger problem. But, first, yes you need to file for custody ASAP. His failure to return the child to the US is a huge factor in your...
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Can a mother of a child have it demanded in court that in order to have visitation the father go to mental health for a year ?
Gary's answer
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Answered on March 20, 2015
This is a very tough issue. Since these types of claims are frequently made the courts are very wary of them. First, you need documented medical...
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How does my ex gf request an increase in child support?
Gary's answer
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Answered on March 19, 2015
She can go back every 3 years or if there is a 15% change in income. If she is using the the support collections then every 2 years she can get a...
Archived
CHILD SUPPORT, how often can the receiving spouse request to look at your income for an increase in child support?
Gary's answer
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Answered on March 19, 2015
The statue provides that either party can return to court every 3 years or if there is a 15% change in income. However, the parties can "opt out"...
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Single mother in new york state. child lives with mother. father on birth certificate. no court proceedings or orders.
Gary's answer
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Answered on March 19, 2015
As long as the father is declared on the birth certificate he has co-equal rights with the mother. The only way to curtail those rights is to file...
Archived
My daughter does not want to visit my ex. She complains that he doesn't really pay attention to her and she does not enjoy her
Gary's answer
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Answered on March 18, 2015
No, failure to be engaged as a parent is not grounds for supervised visitation. What you are asking is whether the court can force him to be an...
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