can an attorney in new york get my file from the court from when i was minor?

You can ask your lawyer to send the files directly to you or your new attorney, in which case the safest way to make the request is in writing, via letter or email. Alternatively, you can pick up a copy of your file in person (but contact the office first, so that it has time to locate and review the contents of your file and make a copy for you).

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Who can get custody of a child in New York State?

Apr 01, 2021 · Section 468-a of the Judiciary Law and 22 NYCRR Part 118 of the Rules of the Chief Administrator of the Courts require the biennial registration of all attorneys admitted in the State of New York, whether they are resident or non-resident, active or retired, or practicing law in New York or anywhere else. All attorneys are required to renew their attorney registration every two …

Do I have to register as an inactive lawyer in NY?

In New York, the client is entitled to access to the whole of the file. The burden is on your attorney to rebut the presumption that you are entitled to your entire file, under the holding of New York’s highest court, the Court of Appeals, in Sage Realty Corp. v. Proskauer Rose, 91 N.Y.2d 30, 666 N.Y.S.2d 985 (1997).

Can a lawyer help me get a copy of my file?

Normally, Guardianship of the person of a minor are filed in the Family Court. The Surrogate and/or the County Court has the power over the property of an infant and is authorized and empowered to appoint a guardian of the person or of the property or of the person and property. There are no filing fees in Family Court.

How do I go to court in New York City?

Jun 12, 2020 · The New York Unified Court System provides the resources you need to file for divorce without using an attorney. However, if your spouse disagrees with the divorce or significant issues in the divorce, it is recommended that you speak to …

What is the maximum amount you can sue for in Small Claims Court in California?

You can sue for up to $10,000, if you are an individual or a sole proprietor. Corporations and other entities are limited to $5,000. In addition, a party (individuals or corporations) can file no more than two claims exceeding $2,500 in any court throughout the State of California during a calendar year.

What kind of damages can you sue for in Small Claims Court?

Personal injury claims (such as dog bites) Collection on debts or loan repayments. Professional negligence claims (like bad car repairs) Claims regarding the return of a renter's security deposit or personal property.Aug 25, 2020

How much can you sue for in Small Claims Court in New York?

The Small Claims Court has monetary jurisdiction up to $10,000.00. Claims for more than $10,000.00 may not be brought in Small Claims Court. They must be started in the Civil Part of the court or in a different court.Jan 6, 2020

What happens if you lose in Small Claims Court?

If you lose your claim you will have to pay your own costs. You do not have to pay the defendant's costs when using the small claims track unless you have failed to follow protocol.

How do I defend myself in small claims court?

If you want to defend yourself against the claims made by the other side, file a “Notice of Your Intention to Defend” within 15 days of the date that you receive the Complaint. You have 60 days in certain circumstances (e.g., you are out of state or own a business with a resident agent).Jan 13, 2022

How do I take someone to small claims court in NY?

To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.Nov 4, 2021

What happens if defendant does not respond to Small Claims Court?

If the defendant does not reply to your claim, you can ask the court to enter judgment 'by default' (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received).

What happens if a defendant does not appear in court?

Where a defendant individual does not attend and the court adjourns the case, it may issue a warrant for the arrest of the defendant providing either it is proved the summons was served on the defendant within a reasonable time of the hearing (on oath or otherwise), or the adjournment now being made is not the first ...Aug 27, 2021

Is NYC Small Claims Court open?

New York State courts are open and offering limited in-person assistance for health and safety reasons.

Can a defendant claim costs in small claims court?

You can only claim certain costs against your opponent if you win in the Small Claims Court. These are known as "Fixed Costs". They include any court fee you have paid, but not your solicitor's charges.

Is there a time limit on taking someone to small claims court?

1. If your claim is based on Contract then you must bring your action against your opponent within 6 years of the date of the breach of contract. However for certain types of contract the period can be extended to 12 years (e.g. where the contract is in the form of a Deed). 2.

What is small claims track?

The small claims track is the updated version of the now non-existent small claims court. The small claims track deals with disagreements between two parties where a claim for money is £10,000 or below.

How Long Do You Have to Be Separated Before You File for Divorce in New York?

Unlike other states, New York doesn't have any waiting period before filing for a divorce. That means you don't have to show you have been separate...

How Much Does It Cost to File for Divorce in New York?

The cost of getting a divorce in New York depends on whether you decide to have an attorney and how complicated your divorce is.The initial filing...

Do You Need an Attorney to File for Divorce in New York?

Having an attorney will ensure you have the best outcome, especially if your spouse contests. But that does not mean you can't file for a divorce b...

What happens when a client fires a law firm?

When a client fires a law firm, the firm must turn over the entire file to the client (assuming there are no claims of unpaid legal fees outstanding), including notes, internal memoranda and drafts, says the Court of Appeals.

Can a court recognize a property right of the attorney in the file superior to that of the client?

As stated by the Court of Appeals in its Sage Realty decision, “courts have refuse d to recognize a property right of the attorney in the file superior to that of the client.”. Remember, you paid the lawyer for his/her work, so you should be entitled to get your entire file.

Where do you file for guardianship of a minor?

Normally, Guardianship of the person of a minor are filed in the Family Court. The Surrogate and/or the County Court has the power over the property of an infant and is authorized and empowered to appoint a guardian of the person or of the property or of the person and property. There are no filing fees in Family Court.

What documents are needed to bring to court for a child?

If available, the following documentation should be brought to Court: Child (ren)’s Birth Certificate. If the parent (s) is/are deceased, the original Death Certificate. If the child (ren) is over 14 years of age and unable to come to court, Form 6-3, “Preference of a Minor over 14 years of age”. This form should be signed and notarized.

How to get a child's birth certificate?

If available, the following documentation should be brought to Court: 1 Child (ren)’s Birth Certificate 2 If the parent (s) is/are deceased, the original Death Certificate 3 If the child (ren) is over 14 years of age and unable to come to court, Form 6-3, “Preference of a Minor over 14 years of age”. This form should be signed and notarized. 4 If the parents are alive and unable to come to court, Form 6-4 Waiver of Process, Renunciation or Consent to Guardianship should be completed by the parent (s). This form should be signed and notarized. 5 Proposed Guardian should also bring proof of identification, preferably a picture ID, and proof of residence.

What happens at a guardianship hearing?

What Happens at the Hearing? In a Family Court guardianship hearing, the court takes testimony concerning the person seeking guardianship to determine whether it would be in the child’s best interests to allow that person to take responsibility for the child’s care.

Who can petition for guardianship?

Who can file a petition for Guardianship? An adult relative or family friend, a child-protective agency or if the infant is over the age of 14 years, the infant (child), can petition the court to be appointed as the guardian or standby guardian of a child.

What is a standby guardian?

It may be planned for in the future: for example, a “standby guardian” may be appointed to take responsibility for a child’s care at a future date if a parent’s illness is worsening and he or she is not expected to be able to continue caring for the child.

How to File for Divorce in New York

Wading through pages of statutes (laws) or procedural rules is sometimes necessary to understand what you need to do, but it also helps to have resources in one place, and in plain English. Here's what you need to know and the steps you need to take to get a divorce in New York.

What If Your Spouse Contests (Contested Divorce)?

If your spouse disagrees with anything in your divorce papers, then the divorce will become a contested divorce. In these cases, the court will likely make decisions on the issues you and your spouse disagree on.

Child Custody Issues in a New York Divorce Case

Custody issues will arise if you and your spouse have minor children. The two main issues here will be:

Alimony in New York

Alimony is financial support that one spouse pays to help maintain the other spouse's standard of living. The sum is ordered by the court after taking several things into consideration.

Child Support in New York

Child support ensures the children's financial well-being is protected after the divorce. If the parents agree on child support payments, they just have to submit the agreement for the court's approval. The court will generally accept their agreement as long as certain requirements are met.

How Long Do You Have to Be Separated Before You File for Divorce in New York?

Unlike other states, New York doesn't have any waiting period before filing for a divorce. That means you don't have to show you have been separated for a period of time before you ask for a divorce.

How Much Does It Cost to File for Divorce in New York?

The cost of getting a divorce in New York depends on whether you decide to have an attorney and how complicated your divorce is.

What to do if you are involved in a lawsuit?

if you or the child are involved in a lawsuit, give the names of the people in the lawsuit, the reason for the lawsuit, and what court the lawsuit is in. You can attach copies of the court papers to your Petition; if you pay child or spousal support. You can attach a copy of the support order; if you are changing a child’s name you need ...

What information is needed to change your name?

The Name Change Petition must include the following information: the reason you want to change your name or your child’s name; if you or the child were convicted of a crime, information about the crime and time served. You can attach a copy of the Certificate of Incarceration or Certificate of Disposition to your Petition.

What is a RJI in court?

in Supreme Court you must also submit a Request for Judicial Intervention (RJI) to have a Judge assigned to the case. There is no fee to file this form. depending on your situation there may be additional papers that you need to give the court.

Can a judge tell you your name changed?

The Judge can also make you tell other parties about your name change , such as, the U.S. Citizen and Immigration Services, Selective Service System, a wife or husband or ex-wife or ex-husband, Bankruptcy Court, N.Y.S. Criminal Justice Services, and any other party that the Judge thinks should be told.

Can you attach a copy of a judgment to a petition?

You can attach a copy of the judgment along with the Petition; if there are judgments or liens against you or the child, explain when the judgment was made, who the judgment is owed to, and the amount of the judgment. If you have judgments or liens against you or your property, you can attach copies;

Do I need to change my child's name?

You may need additional forms to change a child’s name. You may also need to give a self-addressed, stamped business-size envelope to the Court. in Supreme Court you must also submit a Request for Judicial Intervention (RJI) to have a Judge assigned to the case. There is no fee to file this form.

An Overview of State Legal Age Laws

States differentiate between adults and minors with respect to legal capacity. This means that the law cannot assign legal responsibility to an individual who lacks the mental capacity or maturity to fully understand the consequences of their actions.

New York Legal Age Laws at a Glance

People mature at different ages, but states must draw the line somewhere. New York's legal ages laws, for instance, establish an "age of majority" of 18 at which an individual is legally considered an adult. Minors in New York may consent to medical treatment if they are married, a parent of a child patient, or in an emergency.

Get Legal Help with Your New York Legal Age Concerns

Each state has its own age-related laws pertaining to marriage, consent, emancipation from one's parents, and other legal processes. If you are unsure about any of New York's age-related laws or need legal counsel, you can find a New York family law attorney near you at FindLaw's lawyer directory.

What is factual work product?

As a client, you're absolutely entitled to factual work product concerning your case, such as deposition testimony, correspondence, and court filings . These materials are crucial to getting your new lawyer up to speed on a case. For example, if you are in the midst of litigation but trial has not yet occurred, you will want all discovery, motions filed, and documents produced by the other side.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Do you have to charge a fee for copying documents?

Your new attorney will want to communicate with that body and make sure it sends any new correspondence, such as motions from the opposing party, directly to the new attorney.) Your attorney should not charge you a fee for copying the documents in your file.

Can I ask my old dentist to forward my X-rays?

If you've ever switched dentists, you may have faced the awkward situation of asking your old dentist to forward your X-rays and records to your new dentist. Switching attorneys presents a similar problem. If you are thinking about leaving your old lawyer for a new one—and there are several reasons you might choose to do so—one question you're ...

Do old lawyers deserve more money?

You may feel that your old lawyer doesn't deserve any more money. But you need to weigh these costs against the harm that could be done to your legal interests if your old lawyer acts in bad faith and holds documents hostage. It might be better to pay your bill in order to facilitate a clean break of the relationship.

Do you have to hand over documents to an attorney?

Upon request, an attorney is required to promptly hand over the contents of your case files. Under the American Bar Association's Model Rule 1.16 (d) (which has been adopted by most U.S. states), an attorney must, to comply with ethical and professional standards, " [surrender] papers and property to which the client is entitled and [refund] any advance payment of fee or expense that has not been earned or incurred" as soon as the representation is terminated.

Where to file a petition for a child who has inherited over $10,000?

If a child has inherited over $10,000, the petition is filed in Surrogate's Court. One must file an appropriate petition form in the county where the child lives. Similarly, when a parent dies or the parents are otherwise not able to care for the child, the form should also be filed in Surrogate's Court.

When can a child be a guardian?

Conditions of Granting Guardianship. When the child is over 14 years of age and the parents are alive, both parents and the child must consent in most circumstances. However, the court may appoint a guardian over the objection of a parent or child if the court feels the appointment is in the child's best interests.

What is standby care in a child?

The parent specifies the situation under which standby care starts, such as when the parent dies or when the parent becomes too ill to continue caring for the children.

What is a guardian in New York?

Guardianship refers to a legal relationship that gives a person, called a guardian, the rights and responsibilities that come with caring for a child, called a ward, as a parent would. In New York, this person may be in charge of a child's personal being, his or her property, or both.

Why do courts use the "best interests of the child" standard?

The court uses a "best interests of the child" standard to evaluate whether the person or persons designated are suitable. It is a good idea for all parents to designate a guardian for their child in the unlikely event they die or become incapacitated.

What is the definition of a parent being too ill to care for a child?

A parent becoming too ill to care for the child. A parent's disability or incapacity. A parent serving a prison sentence. The deportation of a parent. A parent's deployment in active military service.

Who makes decisions about a ward's money, investments, property, and savings?

Someone whose responsibilities include caring for property makes decisions about a ward's money, investments, property, and savings. Oftentimes, the person best suited to make financial decisions for a child is not the same person as the one who would best raise the child. However, a single individual may be appointed to handle both.