Archived
Can I contest my support order if my daughter does not live with me or my ex-spouse and is only a part time student?
Jean's answer
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Answered on October 01, 2013
You can file a petition. But, if your daughter is under 21 and not self supporting, she is not emancipated. That she is enrolled part time in...
Archived
I have JLC of my 13 yr old son and have him more time every other week then his dad. Will it be difficult to change custody?
Jean's answer
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Answered on October 01, 2013
Your son's wishes will be considered, given his age and given the reason for position. He will be assigned a law guardian and you also should...
Archived
How do I change venues for a petition for custody filed in the Bronx by my sister for my 16-yr old to Albany where she resides?
Jean's answer
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Answered on September 30, 2013
You do need to respond and seek a change in venue to Albany. Venue is absolutely improper in the Bronx. On top of that, your sister is not a...
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Archived
What are my chances in modifying parenting time?
Jean's answer
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Answered on September 30, 2013
If you have an order of shared custody and you are sharing custody, that you are available on some days and hours when your ex has the children is...
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Archived
Can an attorney represent me and my ex-wife, and then solely represent her without warning at the same meeting? Property sale.
Jean's answer
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Answered on September 27, 2013
It could be a conflict. The general rule is that a mediator represents neither party in the mediation process. But, if the mediator prepared an...
Archived
Can a family court judge issue an order pendente lite which changes custody without a hearing?
Jean's answer
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Answered on September 26, 2013
You needed to file an appeal and your time has passed. There is not much that you can do other than proceed with the trial.
Archived
Can my husband adopt my daughter even if the biological father has supervised visitation?
Jean's answer
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Answered on September 19, 2013
The biological father would have to give his consent for your husband to adopt your daughter. Same goes for changing her last name - that would...
Archived
What are my wifes chances of having our separation agreement voided in NY?
Jean's answer
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Answered on September 17, 2013
It is very difficult to rescind a Separation Agreement in NY. Whether yours will survive her attempt to do so depends on the content of the...
Archived
"custody trial"
What is my best course of action if i cannot afford to travel out of state for custody trial?
Jean's answer
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Answered on September 17, 2013
Custody will not be resolved in the support proceeding. You can continue to appear by phone on the support and you can retain counsel to appear...
Archived
What recourse do i have?
Jean's answer
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Answered on September 15, 2013
Which Judge?
Your options are to wait for the trial, which will likely render the decision moot or to file a Notice of Appeal and ask the...
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