Hi. I am married and a stay @ home mother for 2 little children. My husband works but he does not share any of our financial

Q:  documents w me at all, including his pay stubs, IRS return, bills, stocks, bank account info etc. He has @ 20 credit cards and I am worried. (He makes $180.000 a year (W2) yet we got 2 eviction notices so far) He adamantly (sometimes violently) refuses to show me his pay stubs or any other account info and sends all his bills etc to his work address, so I absolutely have NO access to them or any of our financial info as a family. Is there any LEGAL way for me to ask him to share these info w me, as I am his wife and his finance influences me and our children (like eviction matters etc) or if he says no, will I have to be kept in dark of our finance forever? and will this be considered financial abuse?

Thank you very much.


A:  David's Answer:  You may wish to consider marriage counseling - but if that doesn't work, consider a separation or divorce. There seems to be no reason why, in the 21st century, your husband would treat you in this fashion. But outside of the context of a divorce or support proceeding, there is not what to legally force him to turn over this information.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Does harassment from non custodial parents limit visitation?

Q:  I'm being harassed by text every day the non custodial parent has the child


A:  David's Answer:  It does not necessarily impact visitation, but may (depending on the nature & frequency of the texts) provide a basis for an order of protection. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

When a finalized divorce states "custody", does that mean sole custody?

Q:  I am the custodial parent and not sure if the non custodial parent has joint legal custody. It was never an issue until now.

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divorce states: "That the Plaintiff shall have custody". since it doesn't mention the Defendant, does that mean that the Defendant has no custody?


A:  David's Answer:  If it just says "custody," then you do NOT have joint custody. The non-custodial parent has those parenting & access rights as prescribed in either your judgment or agreement (if you had the latter).  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What can someone Do if their ex just up and left with the children No word. Its been two months and now this person Is worried

Q:  My friend. Is very heartbroken. Their ex left with the three children. Pulled them out of school and disappeared. Its going on three months. And my friend has become. Increasingly worried. About what's Happening With the children. There has never been court appointed custody between The two. both has equally Taken care of the children, oldest Is 13teen. What can this person do? Argent help !!!!


A:  David's Answer:  If they were married, file for divorce & file an order to show cause requesting that the parent return. If unmarried, file for custody & a writ of habeus corpus requesting that the parent return the children. Your friend should act immediately because the longer the situation persists, the less the Judge will deem it to be an emergency & thus the slower the courts system will take to react to the situation. Have your friend call a Bronx Child Custody attorney to schedule a consultation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can the non custodial child support paying parent control who I choose to watch my daughter while I'm work?

Q:  He is concerned over my mother smoking in her house. My mother watches my daughter one day out of the week. He says because child support includes child care costs that I HAVE to pay a sitter to watch my daughter in a non smoking environment


A:  David's Answer:  The father is mixing apples with oranges. Merely because the child support order includes a provision for child care expenses does not mean you are required to incur those expenses. If you're not incurring those expenses, he doesn't have to pay those expenses. That said, the only issue impacting custody would be if your mother smoked around the child. Buy a good air purifier (with UV light) & have her smoke in another room with the door closed & window open.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Dad wants to make a written agreement with me outside of the court order already in place. how binding would this be?

Q:  Joint custody order in place from queens county. dad wants to do a written agreement with me outside of order regarding parenting time. how binding is this and is this something his attorney should be putting together or can we do it between ourselves. And what clause should be used to protect us.


A:  David's Answer: It is non-binding, even if drawn up by an attorney. Your best method is to do a modified agreement, then one of you file a petition to get the agreement incorporated into an amended order. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can a US citizen father legally retain his US born children in United Arab Emirates

Q:  Can a US citizen father legally retain his US born children in United Arab Emirates under US law, by taking legal action in the UAE courts, as soon as the six-month deadline under expires under the Uniform Child Custody Jurisdiction And Enforcement Act in the United States?


A:  David's Answer:  Most likely, as if the children are in UAE, the father has de fact custody & the mother has not contested same within that 6 months, any argument the mother thereafter makes under the Hague Convention that the children were "wrongfully removed" from the U.S. would seem to carry little weight.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is it fair that if a Japanese mother takes her US born children to Japan

Q:  Is it fair that if a Japanese mother takes her US born children to Japan, she is guilty of International Parental Kidnapping Crime Act 1993 (IPKCA)? The Japanese mother knows that is a crime under Japanese law, for the American father to see/take those same US born children in Japan, and he will be arrested by Japanese police and will go to jail in Japan, if he does.


A:  David's Answer:  Maybe.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

MY COUSIN HAS GUARDIANSHIP TO MY BROTHER BECAUSE HE HAS CANCER N ACS GAVE HIM TO HER AND TOLD ME WE HAVE VISITING RIGHT

Q:  I BOUGHT HIM A PHONE TO KEEP IN TOUCH FOR A MONTH I DIDNT HERE FROM HIM AT NITE SHE TURN THE PHONE OFF SO I KEPT CALLING TO SEE HE HE TURN IT BACK ON NOW HE HAS SHE SEVER ME PAPER THAT I CANT TALK TO HIM ON PHONE OR COMPUTER THE COURT DAY IS FEB THE 24 AND I CANT MAKE IT I DONT NO WHAT TO DO


A:  David's Answer: You have a right to file a petition for sibling visitation. You may file that petition at Bronx Family Court, assuming your brother also resides in the Bronx & is under 18.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

His idea of “child support” is pizza once a wk, and visits every other weekend!

Q:  My sister has been separated for almost 4 years now from her partner. They have a six year old together. He acts like he is above the law and has stated he will never pay child support. They had agreed on 50/50 custody, this lasted only a few weeks with him. Now he insists on picking the child up once a week for dinner, one night a week overnight & every other weekend. He only pays for 50% of expenses for school’s aftercare programs, that’s it.
My sister was advised by a local attorney that stated she should “let things be” The attorney stated that if pushed, the ex-partner may demand full custody by trying to prove he has a better living arrangement than she and demand child support from her. I don’t believe this is good advice, nor fair. Does living with our parents hurt her?

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Thank you all for your replies. My sister is also dealing with other issues with her ex partner and her child. They had both agreed to NOT introduce their son to new boyfriends/girlfriends/lovers... Since separating almost 4 years ago her ex has exposed their son to about 5 different "soul mates". Now she is also dealing with a six year boy that believes men should have a new mate every month. Visitations with dad has never been about spending time with the boy, its always with some woman always tagging along and staying at his apartment. Can a judge put a stop to this?


A:  David's Answer:  I don't believe this was good advise either. She should certainly begin keeping a paper-trail as to the days/times he's picking up the child. Merely living with your parents wouldn't be counted against her if she has sufficient accommodations for the child. That said, before filing for a modification of custody, she should schedule a consultation with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

If the mother goes to jail can the father who have visitation rights get sole custody of child over the maternal grandmother

Q: the mother was arrested for armed robbery, father has case against mother for aggravated assault, she threatened father and paternal grandmother, their is a history of her making domestic violence allegations against father and then dropping charges. father and paternal grandmother work and can afford to care for child and have resided at the same residence for 25 years. maternal grandmother receives government assistance and has many medical issues, the child is almost 6 years old and has requested to live with paternal grandmother and father, child cries when she has to return to mother and maternal grandmother after every visit,


A:  David's Answer:  It would seem you have a basis to at least file for custody, but as to whether you will win depends on an assessment of many factors. For instance, I would want to know why the child was with the grandmother in the first place, as opposed to the father. As such, you're best advised to schedule a consultation with a Bronx Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What factors would help get a 50/50 joint legal and physical custody decision overturned on appeal?

Q:  I live in ny and my ex lives in nj. After a 3 yr custody trial in NY, judge awarded us 50/50 joint legal/physical custody. The judge throughout the course of the trial said we repeatedly showed we couldn't even agree that the sky is blue. And when our 5 yr old child is spending the wk my ex, she has to commute to school 3 hrs round trip every day. I'm appealing the decision pro se but was curious to know what factors can be cited against joint physical and legal custody given that we both were fighting for sole custody and have a history of not being able to coparent together & do not live near each other. Even the forensic expert said I should have sole custody & that joint custody would be destructive for our child. Also my ex just filed to pay $0 in support despite earning 4x my income?


A:  David's Answer:  First, there is caselaw supporting the argument that if the parties demonstrate animosity towards one another, joint custody should not generally be awarded. That said, I highly advise against doing your appeal by yourself. You have the right to ask the court to assign you counsel if you cannot afford same. Otherwise, you will be charged with the same knowledge of laws & procedures as an attorney. As for child support, usually a "Bast v. Rosoff" analysis would provide that she pay at least some support if she's earning more. Schedule a consultation with a Bronx Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can my grandma get custody of my little brother after he got adopted .

Q:  now she the legal guardian-to my brother but she got married with a sex offender is there any way we can fight for him and show prof that he is a sex offender


A:  David's Answer:  There is certainly a possibility as a sex offender would be registered so it would be easy to prove. My advise is to file a custody petition & get her served. Schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I would like to undo guardianship of a minor. how would I do that?

Q:  my mother has guardianship of my son. at the time it was done for help insurance because at the time I did not have any myself. I now know he could have had it with out going down this path. I also have health insurance through my job. I am also worried that she will fight me on getting guardianship put back in my name. so I would like to know what to expect.


A:  David's Answer:  You need to file a petition for modification, and allege facts sufficient to warrant a change of custody. What you should expect depends on a full assessment of the individual facts of your case. As such, you should call a NYC Child Custody attorney to schedule a consultation.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Hello. I am planning a divorce in 2-3 years due to my circumstances. Is it possible to see a lawyer now and if so, how does it

Q:  work? I have 2 little kids, one of them is still 10 weeks old, and I am a stay at home mom. I have no time but have tons to prepare for a divorce. How do the contract and the lawyer fee etc work in a case like this? (If there is a way to go for a divorce now, I will definitely take it now though.)


A:  David's Answer:  The best thing you can do is to call a NYC Divorce attorney & schedule a consultation appointment. At the appointment, the lawyer can fully review the facts of your case & give you a complete assessment. You can then go from there as to whether you file now or wait 2+ years to do so. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Child custody

Q:  I have a full custody of my two daughters was granted to me in 2011 court papers said I'm the only one In charge and responsible of the good sake of my kids...My ex-spouse haven't seen the kids as per his choice since then...If I decided to move out to another state.. Do I have to let court notification of that ? As well to my ex?


A:  David's Answer:  I strongly advise against moving without express written permission of the father. I have seen too many cases in which mothers (even with sole custody) have moved & then the court orders them to return at their expense. Why take that chance? It's better to get a modified agreement & even better yet a court order giving you permission to relocate. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Must custodial parent allow a scheduled international visit if the noncustodial parent refuses to provide a full itinerary?

Q:  Noncustodial parent lives overseas. Custody/visitation order in NY, where child resides. Order states noncustodial parent must provide "full itinerary and contact information" to sole custodial parent for all overseas visitation. Parents alternate chaperoning child; same parent does outbound and return for each visit, as per order. For all previous visits, regardless of chaperone, ncp has provided cp a copy of booking from airline in advance (4 days to 4 months) with clearly visible confirmation numbers. NCP has stated in writing he will not provide such now. Has indicated airport, departure times informally. NCP is chaperone; CP is expected to turn child with passport over without any *real* flight documentation. Just don't know what to do.


A:  David's Answer:  Send a letter/e-mail to NCP stating that, without him/her providing the full itinerary & contact information per the order, you will not consent to the trip. State you see no reason for this information not to be provided & ask for his/her reason(s) for refusing to provide same. Ultimately this may need to be brought back to court. Schedule a consultation with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Child custody - does fl or NY have jurisdiction?

Q:  Who has jurisdiction? Florida or NY? Mother is custodial parent and NY resident. Father is Florida resident and $30k in child support arrears. He never saw child until child was 2 but became involved after sued for support. Mother welcomed the involvement of father encouraged relationship and after spending a $100 a day in babysitters took the father up on offer to let son temporarily attend preK in fl since it was a full day program unlike NYC - 2 hour a day program. Child in now 5 and mother took him back to NY to start kindergarten. Father was denied emergency order to bring child back.. Now has filed a pick up order and a hearing is pending as he is trying to proof mother and son are Florida residents


A:  David's Answer:  More facts are needed to assess this properly. First, when you say the child just moved back to NY - how long has the child been back in NY? Generally, home state jurisdiction is where the child has resided for more than 6 months. Moreover, were there any prior orders of custody/visitation? If yes, which state issued those prior orders? Is there a case pending in NY as well as in Florida? I strongly urge you to schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Child custody night shift

Q:  I work the night shift for the last year. The child grandma watch's at night while at work which is where we live. I've had primary custody three years now. Included in the divorce was right of first refusal anytime. I didn't think it was an issue because I leave at 10 for work and back at 7:30 in the morning. Any reasonable person wouldn't drag the kids out 10 at night to stay at the other parents house. and anytime spent there would not be meaningful anyway .they would sleep. the child goes to bed at 8. Now my ex finally clicked im working nights. and is getting a lawyer probably to get custody and contempt. where do I stand? I can switch to days as soon as a opening comes up where I work. but she refuses to pay any daycare that's why I took the nights in the first place, what should Ido

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and before she files contempt etc does she have to use the dispute resolution process in our parenting plan? and yes I know I should get a lawyer:) just need the quick version.and what is the best way to defend against the contempt?

A:  David's Answer:  Send a letter (or e-mail) to the other parent asking for them to clarify whether they are insisting on the child going out at 10pm at night just to sleep nights at their house. If the answer is yes, then you're best advised to file a modification petition & ask that the order be amended to read that the "first refusal clause" does not apply to the nighttime scenario. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Hello. I'm a stay@home mom of 2 kids. (4yrs, 2 mos) My husband is almost NEVER HOME, for work or pleasure. He & his family has b

Q:  een "severely" mistreating me for the past 5 yrs. I dedicate my all to our kids 24/7, 365 days, never hired any help since our first was born. I handled EVERYTHING for special ed issue for our first kid w NY State until she got over the issue for the two yrs. Yet, their inhuman treatment of me (mostly emotional manipulative/verbal abuse) is reaching an unbearable limit (I have so many police reports) & starting to influence my kids indirectly & I need to protect them asap. He has so much debt but I have good savings. I want to go for a divorce yet he contests. Is there anything I can do at least to legally prevent my in-laws to see our kids until they change their cruel inhuman treatments of me that is starting to affect my kids? (He once sued me falsely, got caught & admitted his fault.)


A:  David's Answer:  You may file for custody as well as a request for an order to exclude the grandparents from visits. Depending on the nature of their conduct, you may also be able to file for an order of protection. Whether you're successful will depend on the particular facts. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

How can I prevent family court to grant permission to my child's grandfather after I already have fully custody?

Q:  I have won custody of my son on Sept. 16 2013 and it has been three years since birth and he has always remained with me and my family. Neither of his grandparents has made the attempt to be in his life up until I won the custody and the mother has no rights


A:  David's Answer:  How you prepare your defense depends on what the allegations are. Generally, for grandparents to win custody, they must prove persistent neglect or abandonment. Schedule a consultation with a Bronx Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

If physical custody is 50 50 and parents make the same income, doesnt that make child support a extortion by the state

Q:  Seems like family court is a necessary evil, like government.


A:  David's Answer:  And some would say the evil is in a parent who's not willing to ensure his/her child retains the same financial footing as if the parents never separated in the first place.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I gave my husband legal and residential custody of our son while I left the state of NY I'm returning and I'd like shared custod

Q:  Going through a divorce where I had an order of protection and was living with my son in a DV shelter I lost everything work home car so I gave my son to his father for an undetermined amount of time while I healed and got myself together. My son is my ex biological son and my adopted son. He is 4,yes old. While I was out of state my ex took my son to see a therapist because he claimed my son had behavioral issues he sees a therapist once a week. I'm planning on going back to be there for my son and my ex signed a stipulation that if I returned I would have joint legal. I'd like to have shard custody. Ex says he will go by therapist recom. So if she says no what do I do Wouldn't my son having both his parents equally helphim? Right now I only have holidays. Ex says he be flex w/ weekends


A:  David's Answer:  Whether a court would grant you shared & joint custody depends on many factors, such as then length of time you've been out of state, how close a relationship you have with the child, why you weren't able to visit more often, etc. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

My husband had court ordered visitation rights to his daughter 12 years ago. Will that order still be In place today?

Q:  He and his ex separated (because she was unfaithful) and her and her family didn't allow him to see the baby on his days and times and he would have to call the cops. She then moved to Florida and my husband moved on and hasn't seen her since, now my husband and his daughter live in ny and he would like to try again to see her. He was thingkinbg of filing for visitation again. Any information will be gladly appreciated. And the original visitation was ordered in ny.


A:  David's Answer:  I disagree strongly with any opinion that Florida would now have jurisdiction if the child "resided in Florida for more than 6 months." This is a "home state" analysis & only applies (generally) to initial custody/visitation determinations. If NY already issued an initial order, then NY retains "continuing & exclusive jurisdiction" over modification proceedings so long as 1 parent remains in the original state. As such, your husband should first send a letter to the mother asking to reinstate & court-ordered schedule & if she refuses, then file a petition. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I currently have visitation rights every other weekend...my daughters mother is threatening to move out of state, can she?

Q:  On court order it states she cant move w/out my consent, how would she be able to go around that? i've already gone back to court to ask for more time w/ my daughter but she denied it.


A:  David's Answer:  If she moves, you can (and should) file a petition for a writ of habeus corpus as well as a violation petition in Family Court. Most likely, the Judge will order her to return the child to this state at her expense.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

At what age does a child have a say about where he wants to reside

Q:  at 14 does the child have a say on whom he prefers to reside with?


A:  David's Answer:  While the child always "has a say," your question may be more of "when does it become a very strong factor with the Court?" The answer is probably 14 as a general rule. The reason is that custody law informally borrows from adoption law, in which a child gets to consent or withhold his/her consent to an adoption at age 14. As such - again as a general rule - if a 14yo says "I wanna live with Dad," it's highly likely the Judge will go along with that preference. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Where should I pursue custody modification?

Q:  I live in New York. Joint custody of son (15) under Forsyth County, GA order. Mother is primary custodian, lives in Athens, GA. I am fully compliant with court ordered alimony and child support. Son/mother fighting constantly and it is escalating. Due to recent fight, mother demanded I get a plane ticket and bring son to NY for a month to cool off, he is currently with me. Last fight mom got physical. Son does not want to go back to mother, says he does not feel safe. I want to put him into school in NY but need custody to do so. I don't want to drag ex through mud or tarnish her rep. But mother and son do not get along, there is emotional trouble/abuse on both sides. I don't believe she will voluntarily relinquish primary custody.


A: David's Answer:  There is an arguable exception to the jurisdictional statute for emergency domestic violence filings, but more detail would be needed to assess whether you qualify. Otherwise you would most likely need to file for the custody modification in Georgia. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is it legal for a parent with supervised visitation to take his child out of school 40 minutes early on his day of visitation?

Q:  Court order states he can have children from 2:00 - 7:00


A:  David's Answer:  If it's earlier than the child's scheduled discharge time, and he had an actually class that s/he was being pulled out from, then most likely both the school & the Judge would frown upon this. Get a letter from the school to this effect & file a petition to modify the visitation schedule. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

My daughters father wants all holidays.i feel alternating holidays is fair.Will the judge grant him more days than I'm comfortab

Q:  I'm in a custody battle! With my 2 yr olds father.I have also a criminal order of protection for myself n her.Hes facing 5 charges & already gets every other weekend & wednesday Dinner dates!He wants all da holidays with her dis year!!He started goin to church to help him in criminal court cuz he was never a religious man.I am Muslim.A court order was issued dat we could not take her to any house of worship but he has n I had proof!! She only gave him a warning!Still When I ask my child what she did wit dad she says we went to church!Da 1st 3weeks of his granted dinner dates he never showed up supposedly cuz of his probation!My lawyer knew n never told me!He missed a weekend wit her so he can go on a church retreat.Yet he's fighting for more time wit her!plz help


A:  David's Answer: If you are dissatisfied with your present attorney, I suggest retaining another one. You should otherwise seek to file petitions for violations and/or motions for sanctions to formally put the violations before the court. Schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I am concern for our child's well-being. Can I seek full custody of our child if I can prove it's in the child's best interest?

Q:  I am the Father, the non-custodial parent in the State of New York. The custodial parent (the Mother) currently has full custody as of April 2012. The custodial parent to me, has proven to be irresponsible and/or unfit for a long period of time, which involves failing to maintain a stable job and home for our child. Our child has resided at 5 different locations since her DOB in February 2011, and has resided at four different locations since being awarded full custody. Our child currently resides with Mom and I at my location as of November 2013. Mom worked for only two weeks at her most recent employer, with salaries far past my own. She was set and I did what I can to support her and our child. Now she's currently seeking Government assistance once more due to family issues.


A:  David's Answer:  You can certainly file for a modification of custody, but here's my question: if the Mother is currently living with you, then what is your plan to physically separate from the Mother? The Court would probably frown upon you just kicking her out on the street. Because this is such a sensitive issue, I'd advise to schedule a consultation with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Would you advice a woman to let her daughter see her biological father every day

Q:  Would you advice a woman to let her daughter see her biological father every day, if she wants to see her biological father every day and he has a very good relationship with her father. The biological father of her daughter is also very good with children.


A:  David's Answer:  Why not?  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Would you as a lawyer advice a woman, to make an out of court

Q:  Would you as a lawyer advice a woman, to make an out of court settlement regarding child support, and have the father not pay it trough the child support agency. Reason by making an out of court settlement that is approved/rubber-stamped by a judge, he can charge all this child support on several credit cards. He wants to pay 18 years of child support in advance, by having it charged on a several credit cards. This man has enough credit to charge 18 years of child support in advance.


A:  David's Answer:  He can pre-pay the support, but if you do an "out-of-court agreement" I'd still advice to have it incorporated into a court order.   -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Can an 18-year-old girl get any money awarded by a US court against her father?

Q:  Can an 18-year-old girl get any money awarded by a US court against her father? When she was a child her father took her to Mexico, and putted several permanent tattoos on her body, because this was illegal in California but is legal in Mexico. Those tattoos are clearly visible, but she can easily hide them, for a job interview.


A: David's Answer:  Your question is unclear - do you mean child support, or money to compensate for the tattoos? Please clarify (and you also posted this under the category "child custody," though your narrative doesn't seem to raise any custody question).  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Can i get custody of my kids for another state if the parent is not fit

Q: My kids,father left the,state of nyc with out my permission to go to nevada. Hes been,here 2year and i dont see the kids .is there any thing i can do about this .i tried living in the state of nevAda but couldnt stay.also i will be taking him to court for custody because he does drugs and hits the kids. Acs gave him the kids with my permission. but i didnt know what i know now a bout him. Also he never filed for custody in court.


A:  David's Answer:  Assuming there were no prior orders of custody or visitation issued in NY, then you'll need to file for custody in the state of Nevada. Thus, schedule a consult with an attorney from there.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

My mother kids want me to take them every weekend but I can't because where I live is not my house plus where no beds for them

Q:  One where I'm living right now is not my place plus I sleep with someone else in the bed and there no other bed for the kids to sleep on what's the best thing I could do for visitation right


A:  David's Answer:  You can get an air mattress. Ultimately if you can't figure out where the kids will sleep, then you'll just need to tell the mother you can't have overnights right now.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

I currently have court-ordered supervised visitation with my son, age 8. My wife has physical custody, pending the outcome of

Q:  our divorce proceedings. My wife told the judge that I'm a threat to the public, and that I might harm our son. I told the judge that there's no basis for these allegations. I am upset about the way the divorce proceedings are going along, and have sought psychiatric help. My psychiatrist, after having seen me for a year, issued a letter stating that I am not harmful to anyone. I showed it to the judge in order to obtain non-supervised visitation. The judge wouldn't accept this, and wants me to go for a forensic psychiatric evaluation, in order to obtain this. Isn't this used for people with a criminal history, and/or have a propensity for violence? I have neither. It is also prohibitively expensive. What, if anything, can I do? Thank you.


A:  David's Answer:  No, forensic psychological evaluations are a relatively routine part of child custody cases and are ordered in the vast majority of such cases. As for the cost, you may seek to either have the pro rata shares adjusted, or if you qualify for it to have the County pay.   -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Where can I go for help?

Q:  Our son (who has sole custody of his daughter) has disappeared because he is in trouble with the law. At present his daughter is staying with a friend so she can stay in school. She now has no medical insurance and there is a custody/guardianship issue. We do have a friend of the family that will let her stay with them in NY so she can finish out the school year. All of her relatives live out of state. The states we are in are AZ, MA & PA. Can we add her to our medical insurance? Can we get medical insurance for just her at a reasonable cost? We all want to help but do not know where to start. Thank you.


A:  David's Answer:  If the child is not yet in NY, then asking for advice from a NY attorney won't help, simply because any custody case would need to be filed in the state where the child resides. Thus, I suggest to re-post your question to the forum on this site corresponding to the state where the child resides. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can I move to Florida from NY with my 6 yr old?

Q:  I'm looking for a job before I leave so I can be established. Her dad pays child support, we were never married. The child lives with me and sees her dad occasionally. What steps need to be taken for me to leave without him taking her from me?


A:  David's Answer:  First, if the father objects (or at least isn't willing to sign a written consent) to the move, you must file a petition in Family Court for a court order allowing the relocation. Document the days & times the father sees the child. Make offers that the father be more involved in terms of attending doctor's appointments, extracurricular activities, school events, etc. If the father doesn't take the bait, then that's yet another factor the court can consider in favor of the move. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can my daughter and boyfriend keep my paternal grandson away from me? because of disagreements the boyfriend is trying to ...

Q:  bring divison in the family . i have ten children ,five girls and five boys .


A:  David's Answer:  You have a right to file for grandparent visitation. You may file that petition in the Family Court in the county where they reside. For a full assessment, schedule a consultation with a Bronx Child Custody lawyer.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

The NCP has given me consent to relocate & is is willing to sign documents. What documents do I need and how do I proceed?

Q:  NCP moved overseas over a year ago and is not visiting our child or paying child support. Our divorce agreement states no relocation unless permission/consent of other parent.


A:  David's Answer:  You'll need to do a modification to your prior divorce agreement. There's particular language which is necessary, so it's best to have it done by a lawyer. You are also best advised to have the agreement incorporated into a Family Court order. Then when you get to the new state, you can register the order there. For a full assessment, schedule a consultation with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Legally what can a person do when they have an ex continuously children's services making false accusations?

Q:  My ex calls children's services every time I try to break up with him. There has to be a law that protects me and my children. I'm living a nightmare. And no Court Order can stop him from making the call or paying someone else from doing it as he tells me.


A:  David's Answer:  There is something you can do about it - report it to the police. It is a crime to make a false report of child abuse against someone. You can seek to prove it was him who made the call by requesting the records from OCFS in Albany. And don't take no for an answer - they'll always tell you the reporter's name is confidential but it's not. You may ultimately need to start an Article 78 proceeding, however, and get a Judge to order them to make the disclosure. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is there a way to obtain the child custody evaluation report so a rebuttal witness can review it for deficiencies in New York?

Q:  Is there a way to obtain the child custody evaluation report so a rebuttal witness can review it for deficiencies in New York?


A: David's Answer:  You're best advised to check with the Part Clerk or Judge's Court Attorney as procedure varies between courts & even between Judges. Most likely, you'll need to obtain an order from the Judge authorizing the rebuttal witness to either obtain a copy of the report or alternatively be allowed to review it in court. For a full assessment, schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Visitation violation

Q:  I have an order of protection against my ex. My ex is coming to pick up the child along with his girlfriend to my house as per the court order. My daughter is little and instead of my ex getting her, his girlfriends picks her up and my ex will be standing far behind. I am supposed to give the child to his girlfriend? What can I do? Isn't this a visitation violation? should I call 911?

Additional information

 

The court visitation order clearly states "the father shall pick up the child from mother's residence".am I obligated to let his girl friend into my house?


A:  David's Answer:  As a practical matter, if the father is in good faith trying to avoid friction between you & him, then why call it a violation. If the girlfriend doesn't otherwise cause you trouble, then I'd advise to leave well enough alone. The Judge would likely allow him to designate a person to be able to pick up the child. Of course, a review of the visitation order should be done alongside the order of protection. Thus, schedule a consultation with a NYC Child Custody lawyer.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net) 

How I can have a full custody if I not legal in USA ?

Q:  I am married for 9 years, I have a 6 years old boy my husband started using drugs, I heard him talking to his ex-girlfriend and they said I love you , it is aggressive with his vocabulary and once i send him to jail because he hit me on my arm, I do not work, and I'm not legal in USA he is a citizen he threatening to deport me or use all his money to win full custody of the child... Do have the chances of winning? help me please thank you


A:  David's Answer:  The court generally does not consider immigration status as a negative factor. You should schedule a consultation with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Custody

Q:  If we are going for a trial on custody, what are the possible ways, court can award custodies? can it award a shared physical and legal custody?


A:  David's Answer:  A Judge could award sole custody, or joint custody with primary physical residence to one parent (& there are many variations of joint custody), and yes, the Judge could also award shared custody. For a full assessment, schedule a consultation with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What are the requirements for translated documents in family court in NY state?

Q:  I am filing a guardianship petition. The parents are willing to sign the consent forms but do not speak english, I would like to translate the documents to spanish, so the court knows they understand what they are signing and have them sign the english and spanish version. What are the requiremnts for translation? Do they need to say something or be done by a certain person?


A:  David's Answer:  The translator must sign a certification stating s/he is fluent in both languages and translated the documents word-for-word to the person. They should ideally also go to court so the consent can be put on the record. For a full assessment, schedule a consultation with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can I appeal two orders in one Notice of Appeal?

Q:  The judge ruled against me in his first order; a few months later the Judge ruled against me again in his second order. Can I appeal these TWO orders in ONE Notice of Appeal? These two orders are correlated with each other. I'll spell out details of each order (such as Date of Entry, etc.) in this one Notice of Appeal. I will have appellate lawyer working on the appeal for me, but I need to file the Notice of Appeal on my own right now because I haven't decided which appellate lawyer to work with, and my time is running out.

Additional information

 

The case is in the New York County Supreme Court. Now I need to appeal to the NY Appellate Division. My time to appeal the first order has not expired as I was never served on the first order.

A:  David's Answer:  It is specifically permitted by Rule in the 2d Dept (http://www.courts.state.ny.us/courts/ad2/pdf/ru...). The 1st Dept rules don't appear to say anything one way or the other. Thus, it's likely permissible, but you're best advised to call the Clerk's Office of the 1st Dept. to double-check.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Joint custody

Q:  Does joint physical and legal custody to my spouse give the rights for my spouse to be present with me on every doctor's visit?


A:  David's Answer:  Theoretically yes, as s/he would have a right to be present at such events. That said, if it's just a normal check-up, one wouldn't think s/he would wish to be present for everything. That said, the terms of any agreement are subject to negotiation and greater specification. Consult a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Does my child need to go on her scheduled visit?

Q:  Hi I am in a custody battle an my daughters dad has her every Saturday what happens of she does not want to go on one of her schedule visits or if she wants to be picked up at a later time


A:  David's Answer: Generally you would need to contact her father & see what he says. Many times children say they don't want to, say, go to school, or go to the Doctor, but they still go. If you intend to withhold the visit, there should be a very compelling reason, not merely "I don't feel like it." For a full assessment, schedule a consultation with a Bronx Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I fear for my daughter's well-being! I'm going to court soon! As the father, what steps do I need to take for full custody?

Q:  In July 2013, the my daughter's grandma took the initiative to get a DNA paternity test done. Ever since I've been making an effort to be in her life, sometimes taking her for the weekend or even a week at a time. The mother was not present. Last time I had my daughter, it was for a week before I started school. I also mentioned this to the grandma who was delegating our situation. In October, I discovered that the baby's mother has moved my daughter from a perfectly stable home to a homeless shelter. She refuses to let me see her and when I saw her yesterday, the baby looked distraught and traumatized. The mother is a drug/alcohol abuser, she came to my sister's home causing a scene under the influence. She had her 3-month boyfriend making threats and signing her birth certificate. Help!


A:  David's Answer:  You should certainly bring all your concerns to the Judge's attention. You should also ensure you're paying voluntary child support. You should also begin keeping a paper-trail with the mother, confirming things like access time. More definitive advice will come with a full assessment of your particular situation. I thus advise you to call a NYC Child Custody lawyer to schedule a consultation.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I sent my 8 year old son to see his mother who lives out of state and she won't return him. What should I do?

Q:  I have a joint custody agreement with my sons mother. We were never married. She moved out of state and left my son with me. It's been two years and recently I moved out of state myself. This year she wanted to see him for his birthday and bought a plane ticket for him. He was supposed to return Sunday to continue school but now she isn't returning any calls and won't let me know what's going on. Is this kiddnapping? Should I call the police?


A:  David's Answer:  Before advising what you should do, I'd need more facts. Was the prior agreement reduced to a court order? What state issued the order? How long have you been living in NY? Was the order (assuming there was one) registered in NY? Did the prior agreement give you primary custody? The best thing you can do is schedule a consultation with a NYC Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What do you recommended an American father do?

Q:  What do you recommended an American father do? His US born daughter was taken to Europe in violation of a US child custody order, and there was a nasty international child custody dispute involving the European mother of his daughter that lasted 16 years. The US State Department notifies him that his daughter now 18 wants to see her American father but wants to live in Europe with her European mother for the rest of her live. The US State department can make arrangements for him to see his daughter, but the first meeting would be held at the American embassy in Europe and he will also have to deal with his European ex wife. He has not seen his daughter in the last 16 years. The US State Department informs him that the European mother will not be extradited to the United States face criminal charges in the United States.


A:  David's Answer:  She's 18 & thus an adult. She gets to decide whether she sees you or not.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Divorce custody

Q:  divorce has been finalized and child custody also. How soon I can petition the court for change of custody?


A:  David's Answer:  There is no time frame - as soon as there are facts sufficient to demonstrate a change of circumstances warranting the modification. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is it fair that if an American man prevents a

Q:  Is it fair that if an American man prevents a Russian mother from returning to Russia with her children, he is guilty of international child abduction under Russian law? If the Russian mother take her children back to Russia, she is guilty of The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United States federal law?


A:  David's Answer:  You'd need to ask a Russian lawyer that question. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is there a way to change jurisdiction from New Jersey to N.Y.??

Q:  I live in new york and she just move to Colorado about two month ago. I want child visitation rights and modified child support. Again, is there a way to move my case from NJ to NYC?


A:  David's Answer:  If the child does not primarily reside in NY, and you no longer live in NJ, then you will most likely need to litigate any modification/enforcement case in Colorado. That said, for a full assessment, schedule a consultation appointment with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I am planning to get married and join the airforce next year. Can my ex change our custody arrangement?

Q:  My ex and I have one child together. We separated due to repeat incidents of domestic violence. We are currently in a custody battle where I want sole custody with visitation and he wants joint custody. I have temporary custody of our child and a restraining order against him. I really want to serve in the air force but am not sure if he can fight for and get custody while I am away in basic training. My fiance and family are more than capable of taking good care of her, but I'm afraid since he is her father, that he can and will take our daughter. Am I legally obliged to tell him I will be joining the military? Can he find out? It would be an honor to serve and a great way to make a better life for my child, but not at the expense of her safety and overall well-being.

Additional information

 

My daughter's father and I were never married.

A:  David's Answer:  I don't think the Court would deprive you of custody if you're away for 2 months or so (though he would be entitled to have the child during that time). But you should strongly consider that if you're deployed, he'll be presumptively entitled to custody during such time. Your return from active duty, however, will by statute be considered a "change of circumstances" allowing you to petition for a return of the child to your custody. Before making any decisions, you're well-advised to schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Custody/visitation for my 15 month child? Would I throw a grenade at myself?

Q:  Mother has temporary order of protection from my criminal case for domestic violence against me that is subject to family court. We had argument and I shoved her and now she has order of protection against me which state i must stay away from her and the kid.

If I go family court and ask the judge for custody/visitation of my 15 months daughter, how likely or unlikely that I will be able to see my child? I hit the child once before when mom wasn't home. At that time, mom wanted to go out and jogged and I asked her I couldn't handle the kid by myself and we both go together. But she ignored me and still went. After 1 hour later when she returned, she found red marks on my child face. She wanted to called the cop on my but then decided not to later. I think she may have pictures

Additional information

 

If i go in front of a judge in family court and she provided proof or stated that I hit the child. What would happen to me?

A: David's Answer:  If she has proof that you hit a 15-month-old baby in the face, I'd say the most you're realistically looking at is supervised visitation, especially when combined with the alleged domestic violence incident. You can better your case by immediately enrolling in individual counseling, an anger management course as well as a batterer's program. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

How is a child going to complain?

Q:  How is a child going to complain? She is born in the United States, but knows that because her mother allowed her to live outside the United States for more than sex months, her father has the legal right under US law, to prevent her from returning to the United States before her 18 birthday. The American embassy tells her that she can not get an American passport before her 18 birthday. She knows that under the legal system of the United States, her mother would have physical custody over her and her father would have to pay child support, and can only see her father four days a month. She knows that in this country, her father has physical custody over her, but can see her mother every day. She has a better relationship with her father than with her mother, because he is the better parent.


A:  David's Answer:  If the child does not reside in the U.S., then there does not appear to be a basis to complain in the U.S.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can he got sole custody? or should i file sole custody?

Q:  I've been the primary care taker for my daughter all her life. She is now going on 9 years old. I told her biological father i was moving he stopped paying child support and now hes taking me to court for sole custody.can he get it? I recently decided to stay and try to make ends meet. can i file for sole custody and get it?


A:  David's Answer:  If you don't have any orders of custody as yet, then there are many factors which come into play in a child custody case. For instance, when did you & the father physically separate? How active is the father in the child's life? Is there an order of support that the father is now violating (and if so, you should file a violation petition)? Does either parent have a criminal history? In any event, you should indeed file a cross-petition for custody. You should also schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

A 49 year old women has sexual relations with a 17 year old while he is living in a school dorm. Have any laws been broken?

Q: 17 - in school dorm diagnosed with depression and away from family and support. 49 married with two children offering to pay for schooling etc in exchange for services.


A:  David's Answer:  Sounds like prostitution to me ("pay for school in exchange for services"). From the perspective of the 49yo, did you consider you're risking getting fired (assuming you work for the school) and/or a divorce? From the perspective of the 17yo, did you consider the second this is found out, you risk the funds being immediately cut-off, as well as possible disciplinary charges by the school? If it sounds too good to be true, it usually is. Steer clear.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can I get full custody of my kids?

Q:  I'm I a mental abuse n controlling relationship with my children father. I got a job as a CNA part time n he don't work. He watches the kids. Ever since I got a job he's always jumping down my throat that I'm never home n don't spend time with our kids. An every I just wanna go for a walk to go get something we may need he won't let me. He gets very mean to our oldest son to where my son gets scared of him. I just don't know how to leave without getting me or my children hurt. I want custody of my boys cause I don't want them hurt n I can provide them with everything they need.


A:  David's Answer:  A lot of factors go into whether a person will win custody. For instance, what are the boy's ages? For how long has he cared for them? Why is he out of work & is he making efforts to find work? The best thing you can do is to call a NYC Child Custody attorney and schedule a consultation for a full assessment of your situation.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

When illegal immigrant mother from Honduras has a US born daughter

Q:  When illegal immigrant mother from Honduras has a US born daughter, can she take her US born daughter with her when she gets deported to Honduras? The American father does not want any thing to do with his daughter and does not care if she goes to Honduras. The courts can’t even locate the American father, but his name is on her birth certificate. Who has to pay for the airplane trip for the US citizen child to Honduras?


A:  David's Answer:  If the father can't even be located, then there's no one on the other side to object. The mother may filed a custody petition to be arguably better protected against the father just "popping up" the minute she's gone & then filing a petition in court requesting that she be ordered to return. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What would happen if a father is wanted for parental abduction

Q:  What would happen if a father is wanted for parental abduction and he did not find out that the mother of his daughter, got legal custody of his daughter until after she is 18? The mother allowed his daughter to live with him, and than got custody of her by default, because the mother could not locate him. His daughter now 40 years old and still lives with him, and she got a restraing order baring her mother from contacting her. She does not want to see her mother ever again.


A:  David's Answer:  If by "wanted" you mean there's a warrant outstanding for the Father, then it's possible he could be arrested on the warrant. Thus, it's probably best to seek to extinguish to warrant. As for any other sanction against the Father, one would think it's highly unlikely if the daughter is willing to testify on the Father's behalf. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What would happen if a mother is wanted for

Q:  What would happen if a mother is wanted for parental abduction because she took her children to Europe in violation of a US child custody order? Her children are legally adults under US law, but law enforcement in Europe cannot locate his children. Law enforcement in Europe was able to locate the American mother. The mother will not reveal the location of her children know adults, unless she does not have to spend time in jail, but is willing to pay a fine and do community service. Because his children are legally adults, they can not be forced to return to the United States and see there American father. The American mother will be deported to the United States, because she was illegally living in Europe.


A:  David's Answer:  If the children are over 18, the Court cannot restore visitation rights. It is possible the court could impose a fine (i.e., sanctions), counsel fees and/or a term of incarceration upon the Father prevailing in a contempt hearing against the mother. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Stipulation of agreement and order of dismissal

Q: Me ex petitioned family court for enforcement of custody order claiming i unreasonably withheld consent for a child issue which caused pendente lite decision in her favor. I counter petitioned with custody mod to get pendente lite reversed and her petition dismissed based on her clear misrepresentation of facts (i lost time frame to appeal). My petition won't be heard until trial and didn't expect it to be. We are both pro se. We have now come to terms on the issue. Law gaurdian offered to write up stipulation but says she can't include order of dismissal with prejudice in the stipulation while claiming it isn't needed. Is that true? I said the only way i would sign is if the petitions were simultaneously dismissed with prejudice.


A:  David's Answer:  If the petitions are dismissed, and there is no active case before the Court, how then could the Judge sign-off on the stipulation of settlement?  -- David Bliven, Westchester Bronx Child Custody attorney (www.blivenlaw.net)

I f I Serve someone a Court Appearance do they need to sign anything

Q:  I need to go serve someone a court order for child Support and Child Custody. Do they need to sign me something proving that they received it


A:  David's Answer: If you are the party, you cannot be the one to serve the papers. The papers need to be served by someone else, 18 years of age or older, who then executes an affidavit of service.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

My kids father stood with his kids for the weekend and than behind my back went and filed a petition saying i abandoned my kids?

Q:  ive had my kids since day one they were never removed from me or hurt in anyway and my kids father is abusive and controling and because i dont want to be with him hes doing this to me, ive never been in this situation and i need help in everyway so i could get my babys back. before this situation accured me n my childern were in a family shelter for the a year and it was just me n my children i felt.like the shelter was my safe horizon because my kids father used to beat me in front of my kids but i never filed reports because i thought he loved me and i just wanted my family to be together i was young and dumb and i thought it was love but all he ever.was ,was drama he calls acs on me makes girls make police reports i just need help in taking the right steps in getting my children back.


A:  David's Answer:  Does he still have the children in his custody? If yes, you should immediately call the police as he's arguably committed the crime of custodial interference. You should also file petitions for custody & child support. Finally, you should schedule a consultation with a NYC Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

What do you recommend a mother to do?

Q:  What do you recommend a mother to do? Her daughter comes home with her ears pierced six times. A medical doctor says that her father did a good job in piercing her ears and does not see a medical problem related to him piercing her ears. The child’s does not want to have her earrings removed. The mother is the only one that complains. When her daughter goes to school and goes out in public nobody makes negative comments about her earrings.


A:  David's Answer:  Per your prior posting, you have a right to petition to modify the existing order making it clear such decisions are within your province. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

Is it fair that a US family court has legal jurisdiction (child custody)

Q:  Is it fair that a US family court has legal jurisdiction (child custody) under US law over children that have lived in the United States for six months, but are outside the United States? In this case a court in another country has ruled that those same children can not be returned to the United States, and will not enforce the US court orders.


A:  David's Answer:  Without knowing the factual basis for jurisdiction, one cannot assess whether the determination is correct (and especially without knowing what the other country is). You may need to bring the issue to federal court at this point. For a full assessment, schedule a consultation with a NYC Child Custody lawyer.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

Should an American mother regret bring in her daughter in the world?

Q:  Should an American mother regret bring in her daughter in the world? Her Russian father took her back to Russia in violation of a US child custody order and will probably never see her daughter again, unless she comes looking for her mother when she is an adult. She knows that her daughter as a very good relationship with her daddy, she thinks he is the best daddy in the world and will never hurt her.


A:  David's Answer:  So how is this the child's fault? By phrasing the question in the way you did, I think the problem is you, not your daughter or her father.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

Does the non-custodial father have the legal right to

Q: Does the non-custodial father have the legal right to pierce the ears of his daughter (with out her mothers consent, and make her wear earrings, when she is with him? A medical doctor says that he did a good job in piercing her ears and does not see a medical problem related to him piercing her ears.


A:  David's Answer:  I think the answer to that is yes - she would generally have decision-making over such issues.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

If I moved out of state due to the fact that I was behind on rent and was going to get evicted and didn't have any family in

Q:  Arizona and I also have a son and a wife that lives with me and we had no choice but to move to New York but I also have 2 children who live with their mother and grandparents and we are going to court for custody and support what might happen if I didn't let the court know I was moving or moved? And is it a good idea to let the court know I'm moving or moved? Also would I still be able to receive govntment help when I owe back child support? I'm just not sure what to do and also haven't seen my other 2 children in 3-4 years so I would need to get therapy before I can see them but can't afford do I have any luck in seeing them even though I am far away from them? And their mother isn't willing to compromise with me since I've gotten married please help next court date is coming up soon


A:  David's Answer:  I would not understand your reason(s) for not wanting to let the court know you moved. Hypothetically, if you win custody, don't you think the mother would figure things out when the child she goes to visit is not across town but on the other side of the country? That said, if the custody & support cases are pending in Arizona, you'd need to re-post this question on that state's forum.   -- David Bliven, Bronx Child custody attorney (www.blivenlaw.net

The biological father of my child can fight for full custody, after 7 years of being absent father?

Q: The biological father of my son (9 yrs) is not on the birth certificate, but I have not sought child support from him because I thought it was not necessary since my husband has been the person who has given everything to my son for all these years, and I mean since my son was born. The verbal agreement between the biological father and I was $ 100 per week since (September 2011 to Present) when he feel or want to send the money, he never was punctual with that. When I asked him for spend time with my son he decide stop sending money and change his phone number. Now he wants to get on the court to put the last name including renaming my son. Also he wants full custody, when he never have the time to be with my son sharing. What I could do in this case?


A:  David's Answer:  It's very unlikely, on the facts that you've presented, he'll win custody. That said, he can certainly ask for it and you would then need to defend the case. You should therefore give thought to suing him right back with a petition for child support. For a full assessment, schedule a consultation with a NYC Child Custody attorney.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

So my husband wants to take me to court for visitation. ...

Q:  He doesn't want me to know where he lives..and does not want me to meet his girlfriend. We are still legally married and have 4 kids 2gether. He does not come every sunday like he should. My baby who is only a year and a half does not know him and does not like to be with him. If we go to court....do I have the right to know where he lives?.will I have to send the baby. What happens when it comes to holidays...any and all advice would be helpful... would I have the right to meet his girlfriend. ...if my 12 yr old doesn't want to go...do I have to send him


A: David's Answer:  If you have concerns about where he lives, express them to the Judge & ask for an ACS home study. But no, you do not have a legal right to "meet his girlfriend." And if your child does not wish to visit, ask the Court to assign him an attorney. For a full assessment, schedule a consultation with a Bronx Child Custody lawyer.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net

Can you give me a list of countries that have a very good track record of returning children to the United States

Q:  Can you give me a list of countries that have a very good track record of returning children to the United States, that were taken/retained in violation of US child custody orders? Can you give me a list of countries that have a very bad track record never return children to the United States? There are countries that are Hague Convention on the Civil Aspects of International Child Abduction that do not return children to the United States. There are countries that are not party Hague Convention on the Civil Aspects of International Child Abduction, that return children to the United States.


A:  David's Answer:  I don't think any attorney in this field has dealt with enough international child custody cases so as to do a comparative analysis amongst even the 40+ signatories on The Hague Convention. You're probably best off scheduling a consultation with a NYC Child Custody attorney & presenting your situation to him/her for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is it fair to a mother (not the father and child)

Q:  Is it fair to a mother (not the father and child) if she does not want to deal with US family court and give the American father legal rights under US law, she has to give birth outside the United States and prevent her child from visiting the United States before her 18 birthday? The child in question is a US citizen and has the paperwork issued by the US State Department to prove this. The mother can return to the United States but not her child, is this fair, yes or no?


A:  David's Answer:  A lawyer is not the one to answer a question as to whether something is perceived to be "fair" subjectively by a parent - only the parent can answer that question. As to what the parent is looking at in terms of a custody case, you would need to be more specific with the details.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Should an American father visit his children in Europe?

Q:  Should an American father visit his children in Europe? He has children in Europe. He can visit his children in Europe only under the direct supervision of local law enforcement. The US State Department can arrange those visitations in Europe and will tell him what he can and can not do in Europe.


A:  David's Answer:  Where else would the father propose to visit the children?   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can i relocate from NY to another state while my daughter is in college?

Q:  I recently lost my job in NY i want to relocate to Florida. My 18 year old daughter is in college in Boston as a freshman. Daughter likes NY and would like to stay there for summers and some breaks. would child support change with me paying my ex? if i remarried how does this play in anything?


A:  David's Answer:  Assuming you were the custodial parent & your daughter otherwise had plans to stay with you on vacations but will now stay with the father, then yes, that's a basis to end child support. It's also arguably a basis for the father to sue you for support, depending on how much time your daughter actually spends back at his house. For a full assessment, schedule a consultation with a NYC Child Support attorney.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I have a question regarding Sole custody and visitation. After paternity is established. Can I stop child going to TX?

Q:  I have a two year old daughter. I am not married to her father. I met him here in NEW YORK. He is from Texas and lives in Texas. He was working in NYC and was fired for coming to work high. The job has been hiring and firing him for last 4 years. He rents a room in NYC when he is here. His name is no where on the baby birth cert. When my daughter was an infant he persuaded me into letting him take her to Texas. The baby was there for two weeks &I had to go get her because he was never with her. I could not reach him and the mom said he was getting high. He took my daughter from me in street 7/2/13, I called cops who stopped him at airport on his way to Texas. We constantly argue on the phone. He is now having a baby w/ girl who helped him kidnap our child. I do not want my child in TX.


A:  David's Answer:  I would need to know more - or have the facts made more clear - to render a definitive opinion. Is the child now here in NY with you? Is there a case pending? Did the police charge him with a crime for taking the child? When did you & the father physically separate? Other than the recent visit you referred to, how often has the father seen the child? I highly advise you to schedule a consultation with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens when non custodial parent misses court day for visitation?

Q: my friend took his son mother to court but he miss the court day thinking that was the next day what can he do?


A: If it was not hard to serve the mother, then he can simply re-file & re-serve his petition (assuming it was dismissed). If it was difficult to serve the mother, or he thinks it will be hard to serve her again, his other option is to file a motion to vacate his default, explaining the circumstances of his failure to appear along with stating a valid basis for his petition.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Child Custody- General Advice

Q:  On Friday I begin my Custody case against my Son’s Mother. I believe I have a good case as the best parent for Sole custody of my son based on what’s best for him. I don’t have representation yet, I plan to hire a lawyer in a month or 2 when i can afford one. Any General advice you guys can Share so I won’t dig myself into a whole before I hire a lawyer would be greatly appreciated.


A:  David's Answer:   It is extremely hard to give general advise that would also be helpful without knowing the individual facts of your case. You are generally best advised to keep a paper trail on discussions you have with the mother - particularly disagreements. Other things should go without saying - such as being involved as much as possible in the child's like (including extracurricular activities). That said, you're highly encouraged to schedule a consultation with a Bronx Child Custody attorney. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can I request supervised visitation if I cannot find and serve non-custodial parent and am afraid NCP will abduct our child?

Q:  The non-custodial parent is not a citizen and left the country due to arrest warrant and to avoid paying child support. I don't know where NCP is. I have sole custody. The NCP no longer pays child support or visits child. I fear the NCP will return and abduct child. NCP got foreign passport for child without my knowledge or consent years ago. Family court ordered it to be in my possession and I currently have it, though I was informed by consulate of NCP's country that they cannot prevent a new passport being issued. If NCP returns and wants visitation, I was planning on denying visitation (due to abduction fear) and going directly to family court to file a petition for supervised visits. Not sure how to go about things and if there is anything I can do before NCP possibly returns.


A:  David's Answer: There's not really anything you can do in advance because he would need to be served with a summons & if he's not in the country, you can't serve him. That said, upon his return, if he files, you may counter-file for an order of protection (if warranted) and a request that his visitation be supervised. Nevertheless, for a full assessment, please schedule a consultation with a NYC Child Custody attorney.   --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can acs take my child away if i test positive on a drug test do to an investigation tours me for false claims of child abuse?

Q: i was visited on 10/05/12 by child protective services because someone claimed that my husband and i plus more adults living in the house hold are using cocaine like addicts and that my husband physically abuses our child . of course we are mortified by this news and even more confused as to where it came from. it will eventually be obvious to the case worker that our child is not being abused but she wants all 4 of us which is my mom and her husband as well to take drug test.
i am very willing to comply with all protocol but may test positive for marijuana and would like to know if they can take my child away do to this result?  plus any other advice u can give pertaining to my case i would gladly appreciate. the child protective agent interviewed us on 10/05/12.


A: First, it is possible ACS can take your child away for a positive test. It then becomes a difference as to whether that is right or not, based on the law as well as the particular facts in your case. If there is no other indication that the child is being abused or neglected & you feel you MAY test positive, then it may be prudent to refuse to take the test, explaining that you would like to consult a lawyer first before doing so. I then highly advise you to schedule a consultation with a Family Law attorney to further discuss the situation.  --  David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Can I do anything about the emails and hand-off treatment? Protocol for communication in joint custody? possible to get sole?

Q:  Had my ex-gf watch my dog for me while recovering from surgery. Sent money and supplies as requested for care. When I went to retrieve the dog after the 2.5 months, she refused to give the dog back. This ex-gf from 2 years ago. Never lived together. The dog was always in my care. i.e. I had 100% of vet records, groomer bills/testimonies in my name up until my surgery. She has an email letter stating her as the adopter. Ended up settling, now we have a court ordered joint custody. Her fiance conducts hand-offs (police station/college campus) w a friend present. He films w his phone. He's also very rude to me. Ex-gf conducts a "court case" through email w me debating everything. Denying past and lying. Being difficult to deal with. Seems like they're trying get under my skin.


A:  David's Answer:  You posted your question under the category of "Child Custody" but then mentioned a dog & never mentioned a child. Does your case involve a child - or just a dog? If just a dog, then I'd suggest to re-post your question in another Practice Area, as the attorneys in the "Child Custody" area only deal with cases involving actual children. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What would you advice a father to do?

Q:  What would you advice a father to do? He has several children that are born in the United Arab Emirates that he can see with the cooperation of the mother as long as he complies with local law. The children are born in the United Arab Emirates, are US citizens and have never been outside their country of birth. He his not allowed to take his children out of the United Arab Emirates before there 18 birthday.

Additional information

 

He is not legally required to pay child support under US and United Arab Emirates law.


A:  David's Answer:  If the children reside in UAE, and have for at least the last 6 months - and there were no prior custody/visitation orders set in New York, then the father will need to file for visitation in the UAE. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Would FBI agents in stationed in Europe, comply with local law, and try to prevent the American father from harming his children

Q:  Would FBI agents in stationed in Europe, comply with local law, and try to prevent the American father from harming his children? Those FBI agents see those children in Europe on a regular basis with the corporation of local law enforcement and the mother as part of there investigation of an international child custody dispute. The European mother has violated a US court order. A court in Europe has handed down an order that contradicts the US order and prohibits those children from leaving Europe before there 18 birthday. Those children are not afraid of the FBI agents, but are afraid of their American father. The FBI has a liaison agent working at the American embassy in the country where the children are located.


A:  David's Answer:  I wouldn't even understand how the FBI would be involved with your family.   --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What should a mother do legally?

Q:  The father of her daughter does not exercise his court ordered visitation rights. This is 100 percent his choice.


A:  David's Answer:  Just keep a paper-trail (via e-mails or letters to him) confirming he's not exercising his visitation. Ultimately if he shows a pattern of this you should consider filing a petition to modify the schedule so that you don't have to keep getting the child ready for a visit which doesn't ultimately happen. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happen when a European mother takes her US born children back to Europe

Q:  What happen when a European mother takes her US born children back to Europe in violation of a US court order? The courts in Europe rules that the children will not be returned to the United States, but the American father can have supervised visitation rights. Those visitation rights will be supervised by the US Diplomats that work for the US State Department.


A:  David's Answer:  You would need to retain attorneys in both countries to challenge the jurisdiction of that foreign court's order. You may also need to file a jurisdictional action in U.S. federal court. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if a non-custodial father refuses to pay child support but he still wants to visit his child in the USA?

Q:  What happens if a non-custodial father refuses to pay child support but he still wants to visit his child in the USA? He is not a US citizen and does not need a visa to enter the United States. A US court ordered him to pay child support, but because he lives and works in another country you cannot get child support enforced. The only thing the US family court can do is order the police to arrest the father arrested for not paying child support the next time he enters the United States.


A:  David's Answer:  Visitation is usually considered a separate issue from payment of child support, in that merely a refusal to pay does not, in itself, lead to a suspension of visitation rights. That said, yes, if there's a warrant for his arrest due to support arrears, then he can be jailed for up to 6 months for entering New York to visit the child. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Does an American father have the legal right to complain under US law?

Q:  Does an American father have the legal right to complain under US law? His American daughter thinks she is born in Belgium and speaks her mother’s native language Dutch fluently. Every European that that sees her thinks she is born in Belgium and it in possible to tell that she is born in the United States. His son that is born in the United States also speaks Dutch and every body thinks he is born in Belgium and it is impossible to tell that he is born in the United States. This is 100 percent because of the way they are raised by their Belgium mother when they are an infant/toddler/child. You are a European or American based on how you are raised by your mother when you are an infant/toddler/child, not if you are born in Europe or the United States.


A:  David's Answer:  No. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if a non-custodial father has no income and can prove this to a judge

Q:  What happens if a non-custodial father has no income and can prove this to a judge when paternity is established for a child? He shows up in a the legal time frame. He lives with his wife a different woman that earns a lot of money.


A:  David's Answer:  The Magistrate can impute income to the father based on work experience and/or education, or may impute the portion of the support his wife is providing for him. Either way, he's probably better off just getting a job. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)