Divorce Solutions

Jun 24, 2020

Question #28

Hi. My brother is in the process of a divorce. He has served his soon to be ex-wife with papers, and she has sent them back. Currently, the two lawyers are hashing it out. His wife has been a stay at home mom for the past three years, and he has been working in NYC, making a VERY decent income. My brother is filing for joint custody of the kids. The problem is – they are living in the same home since his lawyer told him that if he were to move out of the house, it would be considered abandonment – and this would affect his chances of custody. Although he sleeps in the basement, they share the kitchen, bathroom, and living space. The two are continually arguing – especially over petty things. All of this is causing problems with the children. They are upset, they don’t understand, and it is affecting them. My brother agrees that the best thing would be to move out of the house – this way, his visits with the children would be pleasant, and he and his soon-to-be-ex could start to work out a cordial and friendly relationship for the kids. He is afraid that he will be penalized. Is there anyway he could establish a separate residence without being penalized? Thanks for your help. (By the way, he lives in Long Island, NY).

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Jun 24, 2020

Question #27

What is the age of consent for a child in custody lawsuits in the state of New York?? At what age do they allow the child to speak what THEY want?? I have been divorced for about three years now – I have joint custody of my daughter, but the ex-wife has physical custody. However, I do have my daughter 3-4 days a week and have never been late on any payments – pay 100% of all medical, dental, prescriptions, whatever she needs PLUS 17%…. My daughter just informed me (she is 7yrs old) that her mother was planning on moving way out of state (other side of the country), and she told her not to tell me. She is planning on moving because her new boyfriend (who she is ‘engaged’ to, my daughter told me – and her mother told her not to tell me) has the ‘possibility’ of getting a job way out there. As of yet, the mother does not know that I know. My daughter is scared to death that I will tell the ex that she told me these things (she is scared of her mother). I need to find out what I can do.I can NOT lose my daughter – I don’t care if I have to sell everything I own to get the required funds for whatever is needed.

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Jun 24, 2020

Question #26

I live in New York State and am considering seeking physical and legal custody of my children. Is the term “unfit mother” defined anywhere by statute or case law? if not, can you explain what may persuade a court that a mother is unfit?

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Jun 24, 2020

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 before speaking with a lawyer to help me secure the house and custody of the children?

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Jun 24, 2020

Question #20

Last week, I had my husband arrested for domestic violence, and since then, I moved back home with my mother. I have a 4 yr old who, at the time of the incident, was downstairs with my in-laws. I decided it was better to leave my daughter with the in-laws because there was always someone home to bring/pick her up from school. I told my in-laws that I would pick her up from school on Fridays and watch her for the whole weekend. Will this show as abandonment? What are my chances of having full custody?Do I have to find a lawyer in my jurisdiction?

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Jun 24, 2020

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 to move out of New York State. Could you help me?

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Jun 24, 2020

Question #13

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

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Jun 24, 2020

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 paycheck each week. Will this support be canceled? Can I request child support from my X wife?

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Jun 24, 2020

Question #7

I have sole custody of my son. I am remarried and have been for three years. My son will be five this summer. My ex-husband has not seen him or even tried to contact him since our divorce four 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 would 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!

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