Archived
Written testimony okay in court when person cant come to court?
Cheryl's answer
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Answered on August 20, 2014
No as the opponent has a right to cross examine her.
Archived
Under Joint Legal Custody does having "Primary Physical Residence" give that parent any extra jurisdiction?
Cheryl's answer
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Answered on August 20, 2014
In our fourth department you do have the right to make joint decisions regarding major events (whether to have surgery, whether to take an AP...
Archived
Married in 1988, separated in 1991, one child, now adult. Do I have rights to house my hubby's mother left him and he's selling?
Cheryl's answer
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Answered on August 19, 2014
He inherited it. Therefore you have no right to the residence or proceeds.
Archived
Contesting paternity AFTER uncontested divorce with child support included in stip?
Cheryl's answer
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Answered on August 19, 2014
Paternity must be addressed before the divorce is finalized. Otherwise there is an irrebutable presumption of legitimacy pursuant to statute.
Archived
How do I file an agreed upon change to my visitation agreement with my former spouse?
Cheryl's answer
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Answered on August 19, 2014
It is important to formalize your agreement to avoid problems in the future. If you do not formalize the agreement, and you have a disagreement,...
Archived
Am I divorced?
Supreme initial-adjourned.
Supreme trial-Uncont. Mat. Dismissed
Cheryl's answer
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Answered on August 19, 2014
It sounds like the papers were not filed and no one appeared. You will have to refile; I highly recommend that you retain counsel.
Archived
My ex wife has the passports for my kids and we are scheduled to leave on monday. She is threatening to not give them to me.
Cheryl's answer
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Answered on August 18, 2014
You need to immediately file an emergency motion with the court today.
Archived
Law Guardian Appointed by Court Strongly Agrees With My Position But Will Court Agree?
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Answered on August 18, 2014
The estoppel argument is the argument being made by the attorney for the child; it's an argument whereby the law guardian states that there should...
Archived
Filling for divorce after 4 years of marriage, What is my expectation financially if there was mental cruelty?
Cheryl's answer
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Answered on August 17, 2014
You can only file for a divorce in the Supreme Court. Any assets your husband had prior to the marriage is his separate property. Pursuant to the...
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Archived
My son and his wife are separated she is living with her father
Cheryl's answer
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Answered on August 16, 2014
People like to blame the process server, who is only the messenger! I tell my people to just accept the document. After they retain counsel the...
