Archived
If i can prove change in circumstances due to my exes erratic behavior can I use it for custody modification?
Jennifer's answer
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Answered on July 22, 2015
The drinking is a major concern for custody, and if he has repeatedly violated the custody order (and you can prove it), and/or if he has an...
Archived
How is child support determined where there is a 50/50 custody split?
Jennifer's answer
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Answered on July 22, 2015
The Support Magistrate will generally consider the actual custodial schedule. The custodial parent has a presumptive right to receive support from...
Archived
Custody
parent rights
Jennifer's answer
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Answered on July 22, 2015
The answer to this question depends on who you are in this scenario, and where/with whom the children reside. A nonparent has standing to seek...
Archived
Hypothetically, would a man have to pay child support if the semen was forcefully stolen?
Jennifer's answer
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Answered on July 22, 2015
I believe that this would be a case of first impression locally, and would hinge in many ways upon proving "theft" of the semen and use of some...
Archived
NY Uncontested Divorce: Can a NY Judge order custody, visitation and child support if minor children do not live in NY State?
Jennifer's answer
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Answered on July 14, 2015
Yes. So long as New York has jurisdiction to hear you Action for Divorce, and one or both of you meet the statutory residency requirements, then...
Archived
Can i have full custody of my child?
Jennifer's answer
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Answered on July 14, 2015
You should consult with a local attorney to discuss your circumstances and the best strategy to move forward. In addition to filing a Petition for...
Archived
Will I still have a chance for 50/50 custody of my daughter if my ex fiance files while I'm in an alcohol dependency treatment
Jennifer's answer
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Answered on July 14, 2015
Absent and agreement between you and your ex, the Family Court will determine custody based on what it determines to the "best interests of the...
Archived
Joint Custody Order
Jennifer's answer
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Answered on July 09, 2015
A judge is obliged to determine custody based on what it believes to be the "best interests of the child." This is language that you will hear...
Archived
My divorce has final stipulation that my ex husband is denied right to claim my kids on his taxes
Jennifer's answer
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Answered on July 09, 2015
It depends on the language of your divorce decree, and whether or not the Supreme Court retained exclusive jurisdiction (many times they do not...
Archived
What's the details on calculating support for 2 kids in nys?
Jennifer's answer
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Answered on July 09, 2015
As the noncustodial parent, your CSSA percentage for two children will presumptively stay at 25%. Upon an increase or decrease of either parent's...
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