Legal Question in Family Law in New York

My cousin has legal guardianship of her niece Laura. (she is the daughter of the ecuadorian women who's body was ship to the wrong country and now they have a law suit). It has being 1yr and 6month that her mother past away and she went to live with her aunt. Her father lived with them but since her mother past away, Laura has moved to her aunts house and her father has not giving her no maintenance support. the father still lives were they use to live and his getting all the benefits that they were given when the mother was alive? Now he is getting the benefits that they give to the child but he is not giving it to her. Her aunt is retired and she does not know what to do. she does have legal guardianship of Laura. what papers does she need to file in family court, or anything?


Asked on 9/22/09, 11:24 am

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

I am not sure of certain facts. Does the father live in the United States? Does the father live in New York State? If the father lives in the US and even better, in NY then she does have action she can take, first she must go to Family Court and file a petition for child support or contact an attorney who can assist her in this. At the first appearance in court, she will be required to produce the papers that demonstrate that she has legal guardianship of the child.

If the father lives outside of the US, it is going to be very difficult to get him to pay.

If I can be of further assistance, you can contact me at [email protected] or 516.746.4747.

Joel R. Salinger

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Answered on 9/28/09, 12:15 pm


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