Archived
Will I have to support my wife? Will some of these facts help me in gaining full custody of our one year old?
Peter's answer
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Answered on July 25, 2015
While the two of you with child are living together, yo support her all the time. Should you split, she can go to family court and petition for...
Archived
Are there any reputable organizations, awards, polls, etc that can help clients find ethical/ skilled lawyers?
Peter's answer
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Answered on July 25, 2015
You'll find all the talent right here on AVVO. I do not trust any prestige recognition as all those can be bought for a price.
Archived
Interesting Family Court Scenario - Objection, Remand, Objection
Peter's answer
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Answered on July 23, 2015
There is no limit to the number of times an order of support can be objected and remanded. The appellate division will dismiss the appeal because...
Archived
Can a 10 year old refuse to see his father on the day of visitation face to face?
Peter's answer
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Answered on July 23, 2015
There something fishy here. Since when is striking a kid with a belt is 'not abuse' and since when does the law guardian put words in her client's...
Archived
Need help understanding family law in regards to cohabitation
Peter's answer
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Answered on July 23, 2015
No. You snooze, you lose. You have to get an order of custody from family court to pin her down. Otherwise, there is no presumption of custody in...
Archived
Legal Action for Ex-Wife causing Estrangement of Children
Peter's answer
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Answered on July 23, 2015
No. You have to endure the situation and go to family court to enforce the provisions of the 'decree'.
Archived
My lawyer just told me he quit the case because he feels that I won't be able to collect money on a judgment. Is that ethical?
Peter's answer
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Answered on July 23, 2015
This appears to a "black hole of settlement" case. Lawyers fail to properly complete discovery and rely on settlement. When settlement is...
Who's has to pay for traveling expenses if one parent moves away with a child?
Peter's answer
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Answered on July 23, 2015
She cannot leave without getting a family court order to relocate. If she departs, you file an order to show cause in family court. She could lose...
Archived
How is child support determined where there is a 50/50 custody split?
Peter's answer
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Answered on July 22, 2015
If the higher income parent is not the de jure custodial parent, then he is a cisitor and he owes support. The amount depends upon the calculus of...
Archived
Will I be able to move from new York to Pennsylvania if visitation with the non custodial parent is not altered?
Peter's answer
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Answered on July 22, 2015
Perhaps. Be sure to file a relocation petition if there is a prior entered order of custody.
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