Can custodial parent make doctor appointment during non custodial visitation day, even if they are with my wife?

Q: My former girlfriend keeps making appointments for my kids while I have them. We have alternate weekends and my wife is a great step mom to them. My baby mom always seems to make appointments while in my care without any regard to our agreement. Because they are with my wife and she is saying that I'm not home so she can do that because they are not with me, the order says Sundays till 7.00 pm. The other says nothing about whether if I'm home of not


A: David's Answer: You are best advised to file a modification petition so the order is clear that neither parent should make non-emergency appointments for the children during the other parent's time. To buttress your petition, you should compile a list of all the days you missed over the past several months due to these appointments. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

I have a son who was born in newborn and the mother was living with me in Montreal and never return . she file for sole custody

Q: It is a case of parental alienation , convention of late does not plied . she live in NY with green card and my son is us citizen , I am Canadian . is it possible to prove this and to have custody of my child in Montreal Canada


A: David's Answer: If she filed for custody here in New York, then you are best advised to call a NYC Child Custody lawyer to schedule a consultation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I have a son that is 8 years old. I share custody of him with his mother, we do one week and one week.

Q: We share custody on terms we agreed without going to court. Now she wants to move out the state and take him. I am stressed and worried because I do not want to lose my son. Can she legally move out of state and take our son with her even though I am against it?


A: David's Answer: The short answer is no, she cannot move out of state without either your permission or a court order allowing her to relocate. If you believe the move is imminent, then my advise is to file a petition for custody. I also encourage you to schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Racism...can family court do anything?

Q: Here is the problem....my friends ex (white guy) is becoming more racist by the minute to his ex girlfriend who is now with a black guy. He has had many comments about "his" kids being with "them" and since the birth of the child, graduated to telling the very young innocent minds of "his" children that new baby is NOT their sibling, and referring to the children as "monkeys". What's worse, is that they repeat this to their black siblings. It disgusts me to no end that this exists, I got tears typing that because I believe all children are beautiful. So my question is....can she get help?


A: David's Answer: The question will ultimately be how you prove he made those comments, as I would anticipate he would deny it if the issue were raised in court. Thus, I suggest to try to get him on tape using that language, or write a letter/e-mail to the mother & confront her with the comments and ask that she rectify the situation. I would try this route first before running in on a petition without proof. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Can a custodial parent and step parent petition joint custody from a non custodial parent who never call or visit he make pymt

Q: I need quick order for passport he being vindictive due to child support pymt my son only know my husband as his dad not because of me the non custodial didn't want to be involve my son is 7yrs old . Should I petition sole or joint with my spouse . I was never married to the non custodial parent he is a married man I didnt know

Additional information

My husband who is my son's stepdad has been in my son life since my womb until present. I petition the noncustodial dad for sole custody but, I need joint so that my husband who is the stepdad to make decision in case of emergency health. And by doing this will I my child lose the child support pymts appointed by the courts by the non custodial parent. The non custodial parent said when I call him to sign the passport I knew one day you will call for this I begged you to take me out of child support and hanged up.my son has three sibling who he's never met because the non custody parent wants it like that. So instant should I do sole custody ,will they grant it due to all these circumstances .( CS PYMT are garnished wasn't voluntary). I need to travel in June I bought tickets already.


A: David's Answer: I would need more information as to why you feel you need your current husband added as a joint custodian." That said, if the biological father is barely involved, you may wish to consider having your husband adopt the child - though this would indeed serve to terminate child support. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

How can i cant a copy of my custody papers with out visiting the court houses?

Q: i have sole custody of my daughter and i need a copy of my custody papers. hopefully without going down to the court houses! is there any way possible i can do this?


A: David's Answer: I doubt that they will mail out the papers to you as the Clerk's Office usually needs to verify the ID of who is retrieving the records. Some Clerk's Office are very strict about this. Thus, you may wish to call the individual Clerk's Office & see what their alternative procedure is, if any. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Ex moved kids away. How can I get them back?

Q: My ex moved with our kids. I don't know where she is but I think she may be across the country. I'm supposed to see them weekly but I have not been able to contact her. She doesn't answer the phone and I do not have her new address. We went to court over this before when she filed to move cross country but then she told the judge she wasn't moving and now I can't contact her. How can I locate her and get my kids returned to the state?


A: David's Answer: How long ago did she move? I agree with the other poster - you should immediately contact a P.I. and/or police. You should also file a petition in court & ask the Judge to issue an arrest warrant. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)       

Hello, i have a case in family court on due to child safety conference. i live in boston - would like to transfer all matters

Q:  held child safety conference on friday and now heading to family court on Tuesday to see what would be the out come and see if judge would let me know go to boston where i live


A:  David's Answer:  Usually a "child safety conference" is done in the context of a child protective proceeding. If that's the case, it's unlikely the case would be transferred to Boston, as the case is usually pending where the neglect of the child allegedly occurred. That said, for a full assessment, I'd suggest to schedule a consultation with a Bronx Child Custody attorney, particularly one experienced with CPS cases.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

ello, i have a case in family court on due to child safety conference. i live in boston - would like to transfer all matters

Q:  held child safety conference on friday and now heading to family court on Tuesday to see what would be the out come and see if judge would let me know go to boston where i live


A:  David's Answer:  Usually a "child safety conference" is done in the context of a child protective proceeding. If that's the case, it's unlikely the case would be transferred to Boston, as the case is usually pending where the neglect of the child allegedly occurred. That said, for a full assessment, I'd suggest to schedule a consultation with a Bronx Child Custody attorney, particularly one experienced with CPS cases.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Form for residential custody without...

Q: My girlfriend is about to continue her education by going back to college and would like for our daughter to stay with me as to have residential/temporary custody without going through court decissions which we both are strongly against due to religious belief. This is not intended for legal purposes, its just for housing to have proof of authorization from her so she can be added as a tenant on my lease. We have no intentions of splitting up but if came to pass would still have a family based relationship for the sake of our child. I was told a temporary guardianship form would do it, Im not quite sure, I just needed the name of a form specifically necessary to make this process less of a mental journey. Thank you.


A:  David's Answer:  There is no "form" to fill out if you don't wish to go to court. You may have the mother sign a notarized letter giving you temporary custody, but whether such entities as insurance companies, doctors, schools or government agencies recognize that is a substantial question. For this reason, it behooves you to schedule a consultation with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Non custodial parents rights

Q:  in ny what are the list of rights for non custodial parent with visitation. custody of child not yet decided - divorce on.


A:  David's Answer:  I agree with the other posters - there's no pre-defined "list of rights" regarding visitation. The "average" visitation for a non-custodial parent is alternate weekends, a mid-week dinner visit & a split of vacations & holidays. That said, there are many exceptions to that general rule, pending on the history of access, ability to accommodate overnights, ability to financially support the child, whether there is any history of abuse, neglect and/or domestic violence, whether you have a criminal history, etc. You're best advised to schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I noticed the NY family court case purpose updated with "Control" for visitation. What does it mean?

Q:  There is a case in NY family court for CVO. So is there any other petition that has been filed for visitation?


A:  David's Answer:  A case which is marked for "control" is usually a case awaiting reports of some sort, or issuance of certain orders. "CVO" means custody, visitation & orders of protection - it's merely the category of case. You may try contacting the Judge's Part Clerk for the exact case status. You should also strongly consider retaining an attorney - at the least schedule a consultation with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is ACS Normally this involved in custody cases?

Q:  We had our home Evaluations done last week, ACS investigator inspected my apartment, and all seems fine. She asked me a bunch of questions regarding our case and my son’s mother. Today I was called by the investigator and she told me she suggested to my son’s mother that I should have Residential custody of our child, she stated also in her report to the judge she will recommend that I have residential custody also .She seems to be in my favor but I didn’t know they were this involved in our case. She set up a meeting between us 3 (Me, Son’s mother and investigator) for tomorrow. She stated she wanted us to come to a agreement so the court wont dictate our son’s lives. Is ACS normally this involved? We don’t have any child neglect or abuse issues in our case.


A:  David's Answer:  An ACS home study is a relatively routine part of a contested custody case. That said, it is relatively inappropriate, unless there are concerns of child neglect, for an ACS caseworker to "recommend" custody, as its not their job to assess what's in the child's "best interests." Thus, unless there's a very good reason for the recommendation, expect it to carry little weight with the Judge. That said, for a full assessment, I suggest you schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I have a 5 yrs old granddaughter who is being touch by my daughter boy friend. She told me he comes in her room when my daughter

Q: I have a 5 yrs old granddaughter who is being touch by my daughter boy friend. She told me he comes in her room when my daughter is alseep. he touches her arms and legs. I ask did he do anything else she said no. I contact ACS now they are doing an investigation. What do I do now? Can I file a petition to try in get custody of my grandchild? Can you please help me.


A: David's Answer: If you feel you're granddaughter is in danger, you've attempted to discuss the situation with your daughter & she's not doing anything about it, then the answer is yes. You should be aware, however, that ultimately to sustain charges of child abuse either ACS or yourself will need corroboration of the abuse - which sometimes is difficult to prove in a "mere" touching case. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

How can I make my dad legally give custodial rights on my behalf to my oldest sister?

Q: I don't like my living environment and have wished to move since I was 14. I am now 16. I am living with my dad and we face many altercations/differences. He will NOT let me move out even though i feel itll benefit. I am miserable in my home (Not being neglected or abused but I can give you further details on it) Ive begged, pleaded, broke down and cried and my father says "Youre my responsibility, you can leave when your 18." Although I am a minor, HOW IS THIS FAIR? I feel my older sister is a better candidate to be my guardian, my father is too care less and Im more comfortable with my sister. She has made it clear to me and my dad that she would take me in within a heart but he still refuses. Im MISERABLE here, and am willingly to do whatever it takes legally to get her custodial rights


A: David's Answer: Assuming your mother is not in the picture for some (unstated) reason, your (presumably adult) sister would need to petition for custody. However, if you are not being abused or neglected, and if your father objects to the change in custody, her case would be a difficult one to win. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

I have a 15 year old who lives with me and visits with his dad. He just received a prestigious job in NYC for the summer .

Q: We all live in manhattan and the father will not consent to allowing him to work. In our custody agreement we split the summer 50 percent. My ex feels it will intrude on his time with his son while my ex works full time and leaves him alone in his apt while he works for the summer. My son really wants this 6 week job and we emailed my ex and he won't consent. It is a camp counselor job. What can I do? My son wants this for work experience and his transcript. Can I take this to court? What would a judge say? Are there any laws in ny governing this?


A: David's Answer: There are no specific laws one way or the other on the issue, as custody/visitation law in New York is largely governed by case law interpretation (not by statute). That said, if the father's not consenting, I advise to file a petition right away with the Court as the issue may take a few months to work itself out in the Court & thus you'd want a determination before he would need to begin the job. I'd also highly advise to schedule a follow-up consultation with a NYC Child Custody/Visitation lawyer. -- David Bliven, Bronx Child Custody/Visitation attorney (www.blivenlaw.net)

My daughter's mother currently has supervised visits twice a week wednesday's and friday's supervised by acs.

Q: recently my daughters mother told acs she could not make it on fridays and asked acs if she could change the dates. acs called me and ask me if i could change the friday visit, i told them no because i set that schedule with my employer to get out of work wed and friday, acs called me again and told me they changed the dates of visits to tues and thurs. Can they just do that?


A: David's Answer: Assuming you are a non-respondent, and assuming there are no orders to the contrary, then ACS cannot impose a visitation schedule on you. That said, I would not merely refuse to abide by the request. I'd strongly advise to file a petition on the visitation issue and go in to see the Judge about it. I also urge you to call a NYC Child Custody lawyer (who has experience with ACS matters) to schedule a consultation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What to expect in family court at a initial conference on a Petition for UCCJEA custody? Chances of custody &supervised visits?

Q: Divorce is being handled in another state, but NY has jurisdiction over our minor child being that we've resided here for over a year. The divorce in the other state would be handling the financials of our divorce and NY is handling the parenting plan. If my estranged spouse lives over 2000 miles away, has a history of domestic violence, multiple restraining orders and protection orders, and has not seen or had any contact with our minor child in over a year is sole custody for me pretty much guaranteed? Also, are my chances of him having supervised visitation till he gets help good?


A: David's Answer: The initial conference date will be little more than confirmation of service of the petition, whether each side is represented by an attorney (or wants to be), and the possibility of assigning an Attorney for the Child. From your facts, it would appear the odds are greatly in your favor to win custody, but there are many more factors which would need to be assessed. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

What are a fathers rights when it comes to seeing his daughter?

Q: Im off two days a week and would like my daughter to stay with me on my two days off and be able to drop her off the next day


A: David's Answer: Generally a non-custodial parent gets alternate weekends, a split of holidays and a dinner visit mid-week. But while that's what's generally done, there are numerous exceptions to that general rule. As such, to determine whether what you want would translate into reality, one would need to do a full assessment of your situation. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

How can a get law gardian for my child if the judge does not want

Q: my child is 2 year and 10 moths


A: David's Answer: You may wish to speak with an experienced NYC Child Custody lawyer, as perhaps a motion can be filed detailing your reasons for wanting an Attorney appointed to represent the Child (i.e., a Law Guardian). At the least, this preserves your record for appellate purposes. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

If the custodial parent never register their 9 year old to report to school. What measures can be taken to correct this?

Q: Without having the parent penalized to the point of incarceration, what is the best approach to correcting a situation where the parent has kept their 9 year old from attending school?
Is there an agency to help get this corrected where the child parent is notified to have the child in school? What are the procedures and law on this issue in the city of New York?


A: David's Answer: If the child is not attending school (& assuming the situation has persisted for more than about 2 weeks), then you should contact ACS as well as file an immediate petition in Family Court to this effect. Refusing to send a child to school is a form of child neglect - and to the degree you're aware of the situation & do not take immediate measures to protect the child, you could be guilty of child neglect as well. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can I get custody of my son back from my mother if she is back with an abusive ex husband who is wanted for domestic violence?

Q: My mother has custody of my son and she refuses to give him back to me. I gave her custody voluntary when I was looking for a bigger place for my son. She was not with her abusive ex husband at the time because she had left him. They have had domestic violence issues for over 10 years. Now she took him back and moved to Georgia from New York because he is wanted in New York for domestic violence against her. She moved so that he wouldn't be found and arrested. My son and her other small children live with her and I just want custody of my son back. I didn't have a visitation order but I saw my son every week while he was in New York. Now she won't even let us speak everyday. She doesn't work and is on welfare with 10 people living in her household. I work and just got a two bedroom apt.


A: David's Answer: I disagree that merely because your Mother's moved to Georgia that New York may no longer have jurisdiction. If there was a prior custody order issued by NY, then NY would generally retain "continuing exclusive jurisdiction" over any application to modify the prior order. As such, if you want custody back, you should file a petition as soon as possible for custody - the longer you wait, the more likely it'll be that a Judge feels you acquiesced to the move. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What would be the course of action for taking a child custody case to a higher court?

Q: Even if without malice or prejudice, the State is committing a horribly wrong:
CPS grossly mishandled the forensics, and the same judge refuses to see how his repeated rulings in favor of an self-serving, uncaring mother is ruining the children's lives, as well as that of their loving father, preventing him from providing the proper care to the children that he loves more than anything.
This judge and CPS literally take monies from the father which he would normally spend happily on his children, and give it to the sit-at-home goo--for-nothing mother who buys jewelry etc. for herself.
And it isn't ONLY about child support. Since the custody rulings, the children's (3) health, grades, etc. are far far inferior than what they were when the father was more present and involved in their lives.


A: David's Answer: Is this ONLY a custody determination, or was a child neglect case filed? How long ago was the decision/order issued which you want to challenge on appeal? You generally only have 30 days to file a notice of appeal. And since you mention CPS (as opposed to ACS) - is this case pending in Bronx Co. or elsewhere? In any event, I highly encourage you to schedule a follow-up consultation with a Bronx Co. Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net) 

My baby mother left the state of new york with my son, but we were not married, and im paying child support for a son i dont see

Q: last time i spoke to her she told me her man wanted to adopt my son can she do that? i live in new york city and i have no clue where she is, last time i new she was in myrtle beach south carolina, i want to know what can i do...


A: David's Answer: I agree with the other poster - if she left less than 6 months ago, you can file a case here in New York. If it was more than 6 months ago, you most likely need to file in the state where she resides. To locate her, you may ultimately need to hire a P.I. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

What can I do to stop my sons father from leaving to Pennsylvania while there's a visitation court order in effect since 2010?

Q: My sons father was granted custody on 2010 after aca had removed my kids from me because my middle son walked out of the apartment while I was asleep, I have my daughter on my care for 1 year and a half I refuse with my parents and I have space my middle sons father was granted custody as well and passed away on Nov'12 and I am court for a writ and the judge is leaning in returning my child who resides with the grandmother in Virginia because I am the next of Kin, now back to the subject my 10 year whose father just notified me about his departure to Pennsylvania because he got a 3 bedroom house for rent, my son doesn't want to go with him and besides there is an existing court visitation order in effect in which he stated that he plans on violating because cant be traveling back and forth


A: David's Answer: You should file a petition & order to show cause requesting an order preventing the move pending a full hearing on the issue. That said, I also highly encourage you to schedule a follow-up consultation with a Bronx Co. Child Custody lawyer to review what steps you need to take & how to prepare the case to better your odds of success. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can I get sole custody of my 11 year old daughter in NY, the father has been absent the last 10 years?

Q:  I would like to file for sole custody in the state of NY. I never married my daughter's father. He moved to another state when she was 9 months old. He has not support her neither emotionally or financially since she was 7 months old. He has been absent all this years. She doesn't know him, only through old pictures I showed her in the past. I tried to contact him when my child was a toddler so she can meet him but he did not show any interest, so I stopped trying. since 2005 I don't know his whereabouts, and this has been always an issued to get important documents like a passport for my daughter since he is on the paternity certificate.


A:  David's Answer:  You're certainly likely to get sole custody on this basis. The dilemma will be serving him, as he technically needs to be served with the court summons. You may ultimately need to do a "diligent search" and/or publication notice. At any rate, you should schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can we go to Mediation on our own?

Q:  My son's mother has agreed to terms in my favor in our custody battle (giving me residential custody, and joint custody), we have only been to 2 court sessions, we have not done mediation, can we go to mediation on our own and present our agreement to the referee next court date even though it was not ordered? I want to get this done sooner then later before she changes her mind


A:  David's Answer:  The short answer is yes, mediation does not need to be ordered. Only if you wish to partake in the free, courthouse mediation does it usually require an order of reference. In any event, for a full assessment, you're encouraged to schedule a free consultation with a NYC Custody attorney.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Hi goodafter noon

Q: I had problem with my exgirlfriend a 1yr ago on domastic volince I took a one day anger class I never had a problem with any of my ex and I never had problem with the law unit this women now 3week ago she try to fram me and get me lockup but this time I got me a GOOD LAWYER I came out ok she is try to get fool custody of our 2 month son but she has a history with ACS we have a court day on June 27 how can she win and how can I win


A: David's Answer: There are many factors which need to be assessed on child custody. For instance, merely because she has a "history with ACS" does not provide enough detail. Was she found guilty of child neglect? Did she have prior children taken away? Generally custody involves a full assessment of each party's parenting capacity, which will include a home assessment, psychological evaluation and criminal background check. I suggest that you schedule a consultation with a NYC Child Custody attorney for a full assessment of your situation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

If I plead guilty to child neglect, what are the chances of me getting my children?

Q: Mother is in jail on a federal hold in the state of Indiana, I have a CV charge and that is the only thing they have against me.

Additional information

Mother is in jail on a federal hold in the state of Indiana, I have a DV charge and that is the only thing they have against me. I have done all the services required of me. The foster care case worker who was actually trying to help me resigned because she admitted that the supervisor changes the reports she writes and that they are only in it for the money.


A: David's Answer: To know what your chances are, one would need to both review the petition against you, know why the children were taken away in the first place, for how long they've been in foster care, what you have done in terms of services, etc. Any attorney would be relatively irresponsible in advising you to plead guilty over the internet. As such, I highly advise you to schedule a consultation with a NYC Child Custody attorney (& one who has experience in ACS cases). -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can you use a modification to vacate a termination of parental rights? or is a order to show cause ,the best way to go?

Q: i am a loving mom,and the case worker made sure to terminate my parental rights.no more visits.because the foster parents,who really abuse my son.wants to adopt my son.?how do i get back my parental rights?


A: David's Answer: Did you consent or was the termination of parental rights done after a trial? If you consented, then there must be some very good reason for wanting to vacate your consent (other than that you changed your mind). If this was done after a trial, then you must appeal the Judge's order. Filing either a petition or order to show cause will NOT get you the results you seek if a trial was held. In any event, I highly advise that you schedule a follow-up consultation with a NYC Child Custody attorney (particularly one who has experience in ACS cases). -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is there a direct connection between child support and custody?

Q: I have full custody of my son. His father gets court-mandated visitation and has to pay child support. He never pays any child support, however. I know that in NY there is no connection between child support and visitation, meaning that a parent can still get visitation even if he doesn't pay child support. But can a parent try to fight for custody (and get it) if he's behind on child support? Thanks in advance.


A: David's Answer: Yes, he can, but non-payment of child support is a factor which may be considered against him in the overall "best interests" analysis. The reason for this is because the Judge will wish to consider his financial ability to support the child. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

My kids father doesnt obey all the stipulations of visitation order. Can i withhold the kids

Q: We are supposed to have contact info. He changed his info and refuses to tell me so I have no access to my kids while with him. He can never b reached for an emergency. Can i modify the visitation and also possibly remove a stipulation stating i MUST live in NY. Y should i b bound by the order if he isnt


A: David's Answer: You should not withhold visitation under these circumstances. You may file a petition for modification requiring such a provision in the order. However, the court will not generally give you to "option" of relocating - if you solidify plans to relocate to a specific location, you must file a petition seeking relocation at that time. In any event, for a full assessment, schedule a consultation with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody Lawyer(www.blivenlaw.net)

Proceeding on a motion previously held in abeyance.

Q: During a Custody / divorce battle in front of Supreme court justice in New York State At a previous hearing an assault summons from family court against my wife was held in abeyance pending a nesting arrangement.
The most recent hearing struck down the nesting arrangement, how can I now proceed with the assault summons, even after the un-served summons expired.


A: David's Answer: I am confused by your question - how/why did the Supreme Court feel it had jurisdiction/authority to direct that a Family Court summons be "held in abeyance" (if that's what was done)? Did the Family Court matter get consolidated into the Supreme Court case? If not, then you would have had a court date already assigned in the Family Court matter, in which case you must seek to verify whether the case was already dismissed due to non-service or not. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Filing for Sole Custody- Mother in Bronx NY

Q:  I am a single mother of one lovley 3 and a half year old boy. His father and I had a very high conflict relationship which culminated is us being evicted from our home due to his anger issues; he has lost every single job that he has ever had because of these same issues, including his most recent job. He has no income, and when he did gave me less than the 17% mandated by law. I originally had an TOP and filed for sole custody because of his anger issues and instability. He is a great father, but my main concern his the behaviors/anger that he displays towards me and everyone in our circle in front of the child and in general. He lives with his mother and they are constantly fighting as well...My only strike is im on unemployment. What is the likelihood i will get sole custody?


A:  David's Answer:  If the child has been in your primary custody since you've physically separated, and you've historically been the primary caretaker of the child, then I see the odds in your favor to win custody. Of course, you'd better your case if you're able to secure stable income. In any event, I suggest that you schedule a follow-up consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Will the Judge Consider this in our Custody battle?

Q:  My Son’s Mother ignores me all the time when I bring up issues regarding our Son. We only communicate through email.
I sent her an email stating some of the issues for example, Not to have my Son (3yr) in her mom’s (grandmother house) because she does not have window guards and leaves the windows wide open. (I have pics).
Do Not attempt to pick up my son without a Car seat available (my mother witness my son get in a car with no seat)
And since she ignores me I need reasonable communication with my son when he is with her, ( at least one phone call a day).
I told her if she ignores me I will take it as she DOES NOT agree and will not drop my son off to her. Of course she ignored me. Can I use this in court in our custody case? And can I refuse to give her my son?

Additional information

We do not have a Visitation order in place yet. I'm skeptical of holding my son from her because i do not want to seem like i'm refusing to let her see him.

A:  David's Answer:  You should certainly raise these issues to the Judge & state that you've attempted to communicate your concerns to the mother & she ignores you. If the mother denies such communication, then yes, you may certainly seek to present to the Judge copies of the e-mails (although the Judge may want you to do this more at trial). That said, for a full assessment of the case, I suggest that you schedule a consultation with a NYC Child Custody attorney.  -- -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Can my son's father get full custody?

Q:  I am a single mother of 2 with 2 different fathers. My son father watches him Monday- Friday about 9 hrs a day.I filed for child support on Oct 2012. The judge oredered him to pay $25.00 a month because he is disabled. Till this day he has only made 1 payment of $7.89. My son is with me all day after i pick him up from his fathers and including weekends. I dont drink, drugs ,smoke or socialize. The only reason why i have him watch him is because he doesnt work and i will save a little money for child care. Can he gain full custody??? I also have full custody of my 12 year old daughter previous marriage.


A:  David's Answer:  If he petitions for custody, then the Court will need to hold a custody trial. To the extent that either party could conceivably win such a trial, it follows that it's possible the father could win custody. Whether it's probable is the key question, which involves an analysis of numerous factors. If the father is threatening to petition for custody, then I highly suggest that you schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Would a father be able to get joint custody? if the father works and has his own place?

Q: I am very activate with my son but i am only allowed to take him out of the house in her time


A:  David's Answer:  You certainly should be able to get an order of regular visitation. The average visitation awarded to a non-custodial parent is alternate weekends, a split of holidays/vacations and usually a mid-week dinner visit. As for joint custody, this presumes the 2 parents can put their differences aside when it comes to the child & generally discuss and reach agreement on the major issues which will arise in the child's life. If the Judge peeceives this is likely, then joint custody is likely. In any event, for a full assessment of your situation, I'd suggest to schedule a free consultation with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

The mother of my children wants sole custody but she forged my signature. What can I do?

Q: She presented papers but i didn't sign them. I later found out my signature was on the papers


A: David's Answer: You'd need to file a petition to modify the custody/visitation order. If there's an obvious differences in the signatures, I'd suggest to bring in copies of documents you've signed in the past (such as credit applications, tax returns, etc.) which can demonstrate to the Judge that she's presented a fraudulent document to the Court. If proven, she may face sanctions from the Judge. In any event, for a full assessment of your case, I'd advise to schedule a consultation with a Bronx Child Custody lawyer. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)