Archived
I recieve a disability pension from my career in NYPD where I also got married. Does my ex wife have any claim to my disability?
Maria's answer
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Answered on August 25, 2013
It depends on several factors. Dolan v. Dolan is the case to review. If a portion of the ordinary disability pension represents deferred...
Is my daughter old enough to speak for herself in Family Court?
Maria's answer
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Answered on August 25, 2013
A law guardians appointment terminates once a petition is resolved. Therefore, it is not surprising that the law guardian did not return your...
Archived
Child custody -- my oldest child cursed in front of children, can this be used in court?
Maria's answer
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Answered on August 25, 2013
He can make anything an issue, but an isolated incident, won't be enough to result in a custodial change. He would have to establish that your...
Archived
Divorce contract states that the children are to remain in their current school district. I am primary residential parent
Maria's answer
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Answered on August 25, 2013
No, the move does not nullify those provisions. Although the agreement states that the children are to remain in their current school district, it...
If my spouse got an mba degree before the marriage, is the earning potential of the degree considered marital property?
Maria's answer
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Answered on August 25, 2013
No, because it was earned prior to the marriage.
Archived
I'm going thru a hardship and my son grandparents would like me to give them guardianship/custody of my son til I get on my feet
Maria's answer
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Answered on August 25, 2013
Don't do it. In the end, you will not get what you bargained for. Get a lawyer.
Archived
Is it possible to emancipate from one parent?
Maria's answer
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Answered on August 25, 2013
How old is the child? Yes, it is possible to emancipate from one parent only, depending on the circumstances of the case.
Archived
Father has custody of one child can he get my son too?
Maria's answer
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Answered on August 25, 2013
The father has no greater rights then you do. As an adoptive mother, legally, you stand in the shoes of the biological mother with all the same...
If married for 5 years and haven't had sex more than a few times, the last being 3 years ago, can it be annulled or a divorce?
Maria's answer
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Answered on August 25, 2013
Annulment is not an option unless fraud is involved. Get a divorce, you don't have to prove grounds. All you need to allege is that for the last...
Archived
What if I don't show up to family court?
Maria's answer
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Answered on August 25, 2013
If you default, the petitioner will prevail as to you, only, Take a bus, cab to court and have the children tag alone. Never miss court, since...
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