Archived
Can my niece see her dying father in the hosp. when abusive parent has POA and is trying to stop her
Peter's answer
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Answered on November 19, 2018
Peter Falk's law applies in cases of guardianship proceedings that result in an order of guardianship that lists family members and others who have...
Archived
WILL A JUDGE POST PONE MY COUSTDY COURT DATE THE FIRST TIME?
Peter's answer
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Answered on November 19, 2018
The question is not clear. I suppose you are asking whether a custody trial happens on the first appearance and the answer is no. Your custody...
Archived
Does a court order that allowed my ex to move my children out of state still stand if they have since then moved back?
Peter's answer
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Answered on November 19, 2018
My opinion is yes, she can move back to Texas any time she wants to. Her order for relocation does not have an expiration date unless acted upon by...
Archived
Can I amend the police report that I filed on 10/04/18?
Peter's answer
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Answered on November 15, 2018
The general idea in modern American domestic violence litigation is that every blob of silly putty is thrown onto the criminal court's calendar to...
Archived
When I find an apt to move out can I take my son with me with out involving the court for now until I get settled??
Peter's answer
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Answered on November 15, 2018
Certainly. Without a current custody/visitation order, you can do anything you want. However, if he is behaving as if he has nothing to lose, he...
Can I get a modification of child/spousal support before I become homeless??
Peter's answer
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Answered on November 14, 2018
I doubt it strongly. You cannot get a modification unless three years have passed and/or there was a change of 15% or greater in either parent's...
Archived
Can a custody hearing be postponed a lawyer not being prepared?
Peter's answer
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Answered on November 14, 2018
It is a terrible idea to change lawyers on the eve of trial. One lawyer developed the case and now a second one has to jump in, learn everything...
Archived
Can my wife kick me out of her N.Y.C.H.A ( : project) apartment because my name is not on the lease ?
Peter's answer
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Answered on November 13, 2018
Your wife can kick you of your NYCHA unit using her order of protection. That is all the eviction paperwork she needs to be rid of you. Should you...
Archived
Can a law guardian for children be changed? She made snap decisions and didn't speak to children more than once in over a year.
Peter's answer
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Answered on November 12, 2018
You can ask the court to disqualify a law guardian, but you may find the replacement worse than the original. We call that jumping out of the...
Archived
What happens if I can't show up to a trial due to financial hardships?
Peter's answer
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Answered on November 12, 2018
You can file a motion to appear telephonically, but I doubt a family court judge will allow you to appear fro a rial by phone. Judges use their...
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