Legal Question in Family Law in New York
A Simple Question
A cuban-born american citizen father, who wanted to bring his cuban-born daughter from cuba in order to gain some leverage in his divorce case here, had asked his daughter to lie in court about her stepmother. The daughter refused to lie under oath and the father kicked his daughter out on the street. Is the father responsible for his daughter in any way, if the daughter is over 18 and has her green card? And if he is can anything be done legally?
2 Answers from Attorneys
Re: A Simple Question
Actually your question is not a simple question because there are elements of matrimonial, family and immigration laws in the questions.
In NY parents are obligated to support children until 21 not 18.
It is irrelevant that they have animosity.The parents must support the child until age 21 -unless the child is married or fully employed or emancipated-which is age 21 in NY.
Infact if this father has the means NY law requies him to support the child's college education and that support may go beyond age 21.
A family Court petition for a support order will compel the parents to support this child. Anyone responsible for the child now can bring the petition asking both parents for support money.
Re: A Simple Question
What an awful man! The step-mother is well-rid of him.
After a person reaches 18 years, the parent no longer must provide shelter. The green card means she can work in the US legally.
Only if her immigration documents include his promise to support her or be responsible for her does he have an obligation.
I would like to see the documents. You can fax to me at : 718-729-2029
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
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