Divorce Solutions

Oct 26, 2018

Question #18: My husband and I are talking about a divorce. I live in the Metro NY area. This divorce is of his asking. What can I do, prior to talking with a lawyer to help me secure the house and custody of the children?

Answer: Unless there is physical abuse present, do not move out of the house or leave the children for extended periods ( i.e. days) without first having an understanding in writing about the future ownership of the house or custody of the children. I strongly urge you to consider mediation and give me a call […]

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Oct 26, 2018

Question #16: I am in dire need of a divorce; my husband is presently serving six months in jail for his fourth DWI conviction. I have two children ages six and four and would like full custody of my children in order to move out of New York State. Could you help me?

Answer: Under section 170 of the New York State Domestic Relations Law New York State requires grounds for divorce. One of the grounds is confinement of the defendant in prison but such must be for a period of three or more consecutive years after the marriage of plaintiff and defendant. There are other grounds as […]

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Oct 26, 2018

Question #13: Would it be considered kidnapping for a mother to take her ownson from husband never divorced yet separated for twelve years?She sent the child to visit 2.5 years ago, and he will not sendhim back. She said that she wants to go get her son. Would thisbe illegal? If need be, what actions should be taken first.He said that he would send him and she even sent a non stop planeticket. I neglected to mention that She lives in Texas and he is Long Island.

Answer: In order to properly answer your question I need additional information. Was the separation a result of a court order or separation agreement between the parties? Did this agreement provide for the custody of the child? If in fact there was no separation agreement or court order, the custody of the child remains with […]

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Oct 26, 2018

Question #10: I was divorced in 1996 in the State of Maine and still live here. My X-wife has custody and is the primary resident parent of two boys, ages at the time, 11 and 12. Now these two boys are interested in moving into my new home until they graduate. They will still go to the same school system. They are now 13 and 14. Can this be stopped against their will? I pay full child support to the state which is deducted from my pay check each week. Will this support be canceled? Can I request child support from my X wife? Thank you.

Answer: In order to properly answer your question I must know whether you entered into a Separation Agreement upon your divorce and was custody of the children given to your spouse. If so, the children would not have a right to decide on their own where they wished to reside. In order to change the […]

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Oct 26, 2018

Question #7: I have sole custody of my son. I am remarried and have been for 3 years. My son will be 5 this summer. My ex-husband has not seen him or even tried to contact him since our divorce 4 years ago. My husband would like to adopt my son. He has only known my husband as his father. We have contacted a lawyer and have begun proceedings to take away parental rights. After hiring a private investigator, I finally found him and served papers on him to contact my attorney regarding this situation. He had then hired his own attorney and said he will fight us all the way. Now the question is: If he has not tried to contact my son or send any kind of gift for holidays-birthdays, NO CHILD SUPPORT, or anything, why should he have the right to this child. This is very unfair. My son will start Kindergarten in the fall and will be registered under my husband’s last name, not legally. What can we do to get my ex to sign off on my son forever so my husband can adopt him and we can go on being a “happy family”? Please help as soon as possible!

Answer: I strongly suggest that you try to mediate this matter with your ex-husband. If he has not made any attempt to reach your child or to maintain any relationship with your son, he may in fact be willing to allow you to have your present husband adopt the child if you offer him some […]

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Oct 26, 2018

Question #2: Would I lose custody of my children because I don’t have a job and no longer have a place to live in because of crucial circumstances beyond my control. I am currently in school. I want to pursue a professional career. Would I lose all the rights to my children, if my husband decides to take them away from me. Also, would I be eligible for spousal support since I quit my job in Nov. of 1997 because my husband felt it was best I take care of our children?

Answer: You do not indicate the state in which you are living so I cannot answer your question with certainty. Generally, the courts dealing in divorce matters would review all of the factual information leading to the divorce including all of the “crucial circumstances” you refer to, the facts that you were trying to improve […]

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