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Marco Caviglia

Marco Caviglia’s Answers

4,614 total


  • Can my ex move the kids 3000 miles away if we have joint custody?

    My ex wife's husband got a job offer in Washington state. I live in Connecticut and she lives in New York. We have joint custody but she is the primary residence. I get them currently ever other weekend. She wants to move them to Washington and I ...

    Marco’s Answer

    Assuming you did not give away the store in your divorce/agreement, you can demand a relocation hearing prior to her being able to move. Consult a local attorney to discuss timing and arguments involved based upon the facts of your case.

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  • 1) What's done in situations like this? Do I make an OSC.? If so, do I pick a M.D.? 2) My wife is spiteful; she'll rct my choice

    My wife and I had our divorce finalized in Kings Co. Supreme Ct. We have a 7 year-old daughter, of whom my wife has custody and I've had supervised visitation for years at her insistence. She claims that I'm mentally unstable, which I'm not. I tak...

    Marco’s Answer

    If it is unclear who is to evaluate you or if there is any reason for a re-evaluation, then a court must order it as you and your wife are not agreeable. Consult your divorce attorney about this.

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  • What can CPS require of me? What growns can CPS remove a child for? What happens if you leave the state?

    CPS invesgation

    Marco’s Answer

    A child can be removed on suspicion or evidence of abuse or neglect, which categories are very broad. CPS through the county attorney may prosecute you for the conduct, and remove the children temporarily or, after significant litigation, permanently. But you as a parent have many rights. If you leave the state, it depends under what circumstances. You should consult a local attorney to discuss details of your case.

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  • Is there such thing as a breach of contract from a divorce agreement?

    My husband and I divorced about a year ago. Although we agreed to have equal custody, we agreed to allow my ex-husband take care of our 3 children since he is the one who was, and is, working and earning a 6-figure salary. In our divorce agreemen...

    Marco’s Answer

    You should discuss bringing a contempt motion based upon the judgment or enforcement of the judgment terms. Yes, it is a breach of contract as to the agreement as well, and there are some subtle differences which you should discuss with a local attorney. Better yet, with your divorce attorney.

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  • After being married for 4 months can I get an annulment.

    Is this something I can do or do I need a lawyer. Is there and legal aid services that can help being I'm not working. I live in NYS. I got married in front of the Town Judge they don't do them and our county clerk didn't know.

    Marco’s Answer

    There are specifically defined bases allowing for an annulment. It is not cheaper or easier than a no-fault divorce. It differs in character. Consult a local attorney to discuss what you really want or need, and proceed accordingly.

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  • When/how should/must I inform my husband that he needs to move out (prior to filing for divorce)?

    I am a working mother of small children. Currently my husband resides with me in the same home, with our children - a situation that creates a lot of friction that seriously affects our life. The marriage is not sustainable any longer, but I am no...

    Marco’s Answer

    You can move out anytime. Bringing the children with you may be acceptable to him, or he may seek to prevent you by filing a petition in family court if he has forewarning. If you move out without warning, then he can file afterwards, and there are tactical issues involved. If he "sees" the kids, he can, in turn, keep them, and then you are going to court to get visitation. So it is best to discuss the strategy with an attorney in your area to determine causes and effects, and how you are better off one way vs. the other.

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  • Bail money back before the case is over?

    My ex-bf got arrested two month ago (Domestic Violence). He was in jail for three days and I bailed him out. Because of the order of protection, we haven't talked since then but I've heard that he has to go to court again in July (pretrial motion)...

    Marco’s Answer

    I would think that you would have been informed, if not involved, in the disposition of the matter. Bail being returned could very well be because the criminal case is over. Since you posted the bail, it would seem that he would have no interest in the bail being returned any sooner.

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  • Can my son also be charged with assault?

    My son was punched in the face repeatedly and required three stitches by his eye. The other child admitted to be the aggressor and hitting my son first. I have an email from the principal stating this also. The student approached him one time and ...

    Marco’s Answer

    Only the government can charge your son with criminal assault. The other parent could sue civilly for assault. However, it gets complicated depending on age in either case. It sounds as if there were witnesses. Your son, based upon your version, clearly has a self defense claim regardless of criminal or civil suit. Again, depending on age, this might be a Family Court matter.

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  • How do I get my boyfriend his time served to count in jail?

    my boyfriend is in jail for 2 charges which ran concurrent with each other, he was sentenced 3 months into him hitting on both of these charges and they aren't giving him his time served so they aren't counting the 3 months prior to his sentencing

    Marco’s Answer

    There are a couple of variations which affect whether you get time served on both charges. Sometimes you only get it for one charge and not the other. Some more details are typically necessary. Call booking at the jail and ask them for the time computation.

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  • Will the judge actually read through the entire contract if it's very long?

    Let's say you sued for breach of contract and the contract is 200 pages long, will the judge actually read through the entire contract? Another question is, if this was a trial by jury, what gives the jury members the ability to interpret the lega...

    Marco’s Answer

    How does it feel to make up a silly fact pattern and have half a dozen attorneys respond?

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