Archived
My daughter father has not seen her in over a year and now he wants to see her we do have an agreement do I have to let him
Gary's answer
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Answered on September 02, 2013
When you say "agreement" you need to be more precise. A verbal agreement is not enforceable. If the agreement was done in court and signed off by...
Archived
Can I open a new child custody case in the U.S.A if a child custody case was open in Canada by the primary care giving parent?
Gary's answer
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Answered on September 02, 2013
Since the child is in Canada, and Canada has taken jurisdiction, then no. Under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) the...
Archived
What expenses are "fair game" in demonstrating "child's actual needs" for child support?
Gary's answer
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Answered on September 02, 2013
The statute and caselaw talk of the divorce not effecting the child's standard of living. But, that becomes the question. If the standard of living...
Archived
Custody in an emergency situation for stepdaughter that I never legally adopted.
Gary's answer
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Answered on September 02, 2013
If CPS goes for a removal, you can try to step in as a responsible foster parent. Since you have been in the picture for 14 years, and assuming...
Archived
Deviating from basic support standards in high income cases.
Gary's answer
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Answered on September 02, 2013
I realize that in reading the statute it would appear that the party seeking to break the cap has the burden, but the Court of Appeals disagreed....
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Petition for custody. Ex-wife is under investigation by CPS.
Gary's answer
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Answered on September 02, 2013
You should file a petition for custody. You do this at 1200 Old Country Road, Westbury. It's right by the Wantagh. You will need a a lawyer for...
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Archived
Non-custodial parent has not reimbursed me for daycare expenses 4 months, says there is no time frame as to when he should.
Gary's answer
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Answered on September 02, 2013
Depends on what type of agreement you have. If the agreement was made between the two of you, no courts or lawyers involved, then you go to the...
Archived
Is legitimacy of child, marital status of her parents, relevant in an upward modification case? Does it affect the outcome?
Gary's answer
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Answered on September 02, 2013
Child support is just that, child support. The Child Support Standards Act talks of parental obligations, and there nothing in it about legitimacy...
Archived
My husband & I are in the midst of a custody case. I was thinking of relocating to Pennsylvania from my current residence in NY
Gary's answer
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Answered on September 01, 2013
1. If the divorce case started, then no, you cannot move without explicit court approval. Since you are in Nassau, I can pretty much guarantee...
Archived
Is my spouse entitled to a portion of my business?
Gary's answer
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Answered on August 31, 2013
In a divorce all property has to be at least considered. He can ask, and the judge will order that the business be valued. Generally a forensic...
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