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How do I change venue from one county to another county in New York State?: I have a 4 yr. old who has the last name of my ex-boyfriend who is not the biological father. He has been in jail for armed robbery and drug use. He had not seen my daughter for 2 yrs. while in jail. He went to get visitation, upon release, and the judge granted it. He must pay support but has not paid and is 6 months in arrears. He hit my child and I filed with Child Welfare Services. They saw the marks and agreed. He is on parole. He is with another woman who has a child. The school that he child attends saw bruises on the child, notified PD and he was arrested again. He is in violation of his parole. In court the other day while he was in his prison jumpsuit, the judge ordered he still be granted visitation upon release. I cannot understand any judge granting this, but he did. I believe the judge has some relationship to this person or his family. I need to change venue because I now live in a different county. How can this be accomplished? I fear for my child's life.

Asked 7 months ago in Child Custody

Gary’s answer: If he is not the biological father you need to fix that in court. You need to file a petition denying the paternity. The court might then allow a DNA test. However, the court can also claim that if the child believes this man to her father, then the court could find that he is the father, even if he is not the biological father. It is worth a try to get him out of your life.

Answered 7 months ago.


What would a small business owner have to do to legally prevent his spouse from being able to come to the business?: I own a barbershop and my soon to be ex-wife continues to show up and disrupt my work

Asked 7 months ago in Divorce

Gary’s answer: If you are in a contested divorce, have your lawyer file a motion with the judge preventing her from coming into your business. If not, then file for an order of protection in the family court. Either way, consult with a lawyer.

Answered 7 months ago.


Do I need proof of wife's infidelity in order to start divorce proceedings : I recently found out that my wife cheated on me. I found a hotel room key in her pant pocket and condoms in her overnight bag that she hid in her car. Since I have a vesectomy, I know that they are not for me. She refuses to show me her phone, and is very protective of it. I have also seen pictures of her vagina on her photo cache in the phone.

Asked 7 months ago in Divorce

Gary’s answer: No. In New York all you have to do is allege that the marital relations have broken down for 6 months or more. This is our "no-fault" statute. You do not have to prove anything. Now, to your unasked question: No, her infidelity will NOT alter the property distribution. It also, generally, has no impact on custody. So, if you own property together, she will still get her share. If you have children, it will generally not effect her ability to get custody. Under the new post-divorce maintenance law she still may be entitle to post-divorce maintenance. You need to talk to an attorney about your circumstances to determine your best course of action.

Answered 7 months ago.