Claimed Lawyer ProfileQ&A
- Business Law
- Elder Law
- Family Law
- Medical Malpractice
Jurisdictions Admitted to Practice
- New York
- New York Law School
- New York State Bar # 3053055
- - Current
5 Questions Answered
- Q. In N.Y., can a parent deny visitation between the grandparent ane the minor children of the parent?
- A: Yes, unless there is a court order specifically stating they cannot.
- Q. How do i sign over my parental right of my child to his mother.
- A: As you may know by now, you cannot simply "sign over" a child to another person. In New York, a parent may voluntarily terminated their rights in certain situations where an "involuntary" termination is possible, but a voluntary one is just easier. Otherwise, if there is another adult that wants to adopt the child, the biological parent MAY be allowed by the court to voluntarily terminate their rights so the adoption may proceed. Each circumstance is different, and your best option is to consult with a local attorney before you take any further action. Good luck!
- Q. I am 25, my girlfriend is 17. I have my own apartment. Is she able to run away, TO me legally? Will she be forced home?
- A: It is hard to answer your question because in New York, the age of consent is 17, but the age of majority is 21, and an otherwise competent 18 year old is considered legally responsible. She can become "emancipated" prior to age 18, which means she is no longer in the custody and control of her parents, but there is no specific "process" for that; however, New York Law recognizes the status of emancipation and the rights of emancipated minors. To determine whether a young person is emancipated, the following factors are critical: The youth must be living apart from his/her parents; The youth must be self supporting (may be receiving public benefits or child support if required by court order); The youth is not in need/receipt of foster care; The youth is living beyond the custody and control of the parent; The youth is over the age of 16. You can browse around the following website for more information: www.empirestatecoalition.org Good luck!
- Q. The judge in my divorce insists on a letter to give me access to my funds that I can hire a lawyer.
- A: Usually you have to do what the judge requires you to do. What type of letter does the judge want you to have and when are you supposed to submit it? Mary Katherine Brown 718-878-6886
- Q. Can a person who had brain metatisis and on pain medication, be declared to have lack of testamentary capacity?
- A: It is possible. The issue is whether they are competent to make decisions. Some people with a brain metastasis are, and some aren't. Same for pain medication. If there is a question, a doctor will have to make a determination.
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