Archived
Can I press charges and get an order of protection from both of them? Is there a way not to give weekend visiting ?
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Answered on May 04, 2015
To get an Order of Protection you need to prove a point violation of a family offense as described in the Family Court Act. Custody change is very...
Am I legally separated if a order of protection and a stay away issued from family court against me from cps and forced to leave
Howard's answer
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Answered on May 01, 2015
No. You are legally separated if you sign a Separation agreement or are adjudicated separated by the Supreme Court. Family Court can order you to...
Archived
I have been married in NYS since 2001. In 2012 my husband had a questionable affair, I had no real proof
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Answered on April 29, 2015
You would be able to get a divorce under the no fault grounds but his alleged adultery is irrelevant to financial matters. Support is based on...
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Archived
I owe arrears to my mother who was the guardian for my son for 13 years. I have been paying arrears to the child support.
Howard's answer
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Answered on April 28, 2015
I am not sure I totally understand your question. The child support is being paid by the child support collection unit but being paid to DSS for...
If my daughter has lived with me her whole life what rights does her father have to get custody for her
Howard's answer
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Answered on April 26, 2015
It is impossible to say what will happen with such limited information. The court will do what is in the best interests of the child. The Judge...
Archived
I'm involved in a false allegation against me with CPS, words twisted and lies were said. can CPS take my child? Can I sue CPS?
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Answered on April 26, 2015
CPS has the duty to investigate and either they will have a finding of indicated or not indicated. If it is indicated you can demand an...
What is an contempt petition
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Answered on April 24, 2015
A contempt petition must have language that warns the Respondent that he can go to jail. A violation petition merely gets you a money judgment that...
Archived
I'm separated over 17 years. i started divorce papers 3 years ago and never finished.
Howard's answer
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Answered on April 22, 2015
Not going through a lawyer is your first mistake. If you want it done correctly have a professional do it. If it is truly uncontested (he will...
Archived
22 year marriage- husband took a job for less $. Bought car after divorce commenced & furniture is that allowed?
Howard's answer
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Answered on April 21, 2015
If he takes a job for less the court can impute income based on the capacity he is able to earn. If the less paying job is the only one available...
Archived
If a son borrows money from his parent, but dies before the parent, must the grandchildren repay it?
Howard's answer
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Answered on April 19, 2015
The grandchildren are not personally liable for the debt. The estate may be liable for the debt prior to paying any inheritance.
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