Q: I'm a father of two (8 and 4 years old), recently divorced, joint legal custody with ex, she has primary residential custody. Since signing our settlement, she has routinely violated visitation orders, refuses to engage with me regarding matters related to the children, and has refused to participate with the court ordered parenting coordinator. Further her hostility has started severely affecting the kids, and she has refused to participate in the kids therapy as recommended by their therapist. I plan on petitioning for sole custody, and will file pro Se. My question is, how much detail and fact should I include in the initial petition? Are a couple statements of fact and evidence ok, or should I give the full amount, which could run dozens of pages?
A: David's Answer: You should be as consice as possible while at the same time putting in a fair summary of each basis for the change of custody. Most of the time, this can be handled in a page or two. That said, you're well-advised to schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney
(www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
Saturday, June 22, 2013
What is considered legal abandonment of children in new york ?
Q: about one year ago, i was going through a crazy part of my life, drugs, cheating, no job etc, and i allowed my boyfriend and father of my children to house the kids by his parents with him. During that time I paid no support to help them buy things and I did visit from time to time. Now, I have a job and I an apt. and I want to have my now ex-boyfriend pay toward the apt to house the kids and get child support and bring them to live withe me. Can he claim I abandoned them and file for custody against me ? what are my odds of getting custody according to the law. ?
A: David's Answer: Legal "abandonment" is generally considered to be insubstantial contact with children for more than a 6-month period. It therefore doesn't appear you've legally abandoned the children. There are numerous factors which much be considered to render an opinion on custody, however. I therefore advise that you schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Legal "abandonment" is generally considered to be insubstantial contact with children for more than a 6-month period. It therefore doesn't appear you've legally abandoned the children. There are numerous factors which much be considered to render an opinion on custody, however. I therefore advise that you schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My ex-wife put a judgement against my house if i default of paying for private school what can i do to get out of this
Q: cannot afford school anymore can i sell house to my son to get out of paying ? thanks
A: David's Answer: As stated with your prior posting, you need to file a motion to modify the prior judgment. Please see my prior reply. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: As stated with your prior posting, you need to file a motion to modify the prior judgment. Please see my prior reply. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can a father fight for visitation after losing it the first time from not complying?
Q: My daughter's father and I was in court for abuse. He had punched me in my face. Long story short he and I was in family court so he can get visitation. He failed to comply. He would come when he wanted and didn't want to come to an agreement my lawyer and I came to about holidays and weekends and meet up point. He failed to come to trial due to an issue which wasn't important and didn't call the courts to see if he had to come another day. I was granted my order of protection for 5 years and I won my sole custody case against him. He then later pops up at my house to see the baby knowing there is an order protection. Now I have a temporary criminal order of protection and act as a witness for him breaking the order. Can he fight for visitation after all this and win it?
A: David's Answer: The answer is likely yes, but with the major proviso that the Court will also likely make his visitation supervised based on the facts you've presented. The question becomes whether he was served (via process server, police or Sherriff) with the final order of custody & final order of protection which were issued on his default. If there is no proof he was served, then it's arguable he can't be found guilty of violating orders he wasn't aware of (unless they were continuations of prior orders). In any event, I highly suggest that you schedule a free consultation for a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: The answer is likely yes, but with the major proviso that the Court will also likely make his visitation supervised based on the facts you've presented. The question becomes whether he was served (via process server, police or Sherriff) with the final order of custody & final order of protection which were issued on his default. If there is no proof he was served, then it's arguable he can't be found guilty of violating orders he wasn't aware of (unless they were continuations of prior orders). In any event, I highly suggest that you schedule a free consultation for a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can the State Dictate What I can talk To My Children About?
Q: I am in a Divorce Custody Battle in New York Supreme Court. There is a Court Order stating that we are not to discuss the case with the Children. ( 8 and 5 year old ). From my reading such an order telling me what I can and can't talk to my children about is unconstitutional. There are precedent cases where the state has been told it has no place dictating what a parent may say to a child.
Should I put in a motion to overturn this order for being unconstitutional, or could any enforcement of this order be viewed as a violation of my rights?
A: David's Answer: This is a case where the "right to swing one's arm stops at another's face." The Court is following what is generally done in custody cases which is to do their best to shield the children from getting in the middle of the custody fight. In other words, in effect the Judge may be infringing on your rights to a degree, but simultaneously protecting the children's rights. I sincerely doubt a Judge would lift that restriction, and it would likely make you look bad just in making the application. There are likely greater fights to be waged in your case - this generally should not be one of them. In any event, I highly suggest to schedule a follow-up consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Should I put in a motion to overturn this order for being unconstitutional, or could any enforcement of this order be viewed as a violation of my rights?
A: David's Answer: This is a case where the "right to swing one's arm stops at another's face." The Court is following what is generally done in custody cases which is to do their best to shield the children from getting in the middle of the custody fight. In other words, in effect the Judge may be infringing on your rights to a degree, but simultaneously protecting the children's rights. I sincerely doubt a Judge would lift that restriction, and it would likely make you look bad just in making the application. There are likely greater fights to be waged in your case - this generally should not be one of them. In any event, I highly suggest to schedule a follow-up consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, June 15, 2013
I am trying to seek sole custody of my child and collect child support? But i want the arrangements to stay the same,
Q: My child father has remarried and has two other children with his new family. We had a previous arrangements for child care but now he is going back on the agreement we originally had. He and my child do not speak or see each other and basically he feels if the child does not want to see him then he is not going to give me child support. I have gone to therapy for him to try to reunite their relationship and nothing to the avail.please let me know if this can be done and what are my options
A: David's Answer: Yes, under these circumstances, you should be able to obtain an order of sole custody. And so long as you're the custodial parent, you're entitled to an order of support as well. You can file petitions for each at the Bronx Family Court. You should also schedule a free consultation with a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Yes, under these circumstances, you should be able to obtain an order of sole custody. And so long as you're the custodial parent, you're entitled to an order of support as well. You can file petitions for each at the Bronx Family Court. You should also schedule a free consultation with a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can my husband fight for custody of this 3 year old daughter?
Q: His ex loves her child and she is not a bad mother but she doesnt make the best decisions. Two years ago she moved from queens to the bronx to live with her boyfriend. After a year they broke up and she moved with family in Longisland. She wanted to move upstate but my husband went to court and a radius restriction plan was put in place. She ended up breaking up with the boyfriend Dec 2012 . She has been living with various family members since. She is currently jobless and living with another family member (2nd home in 6 months) . She told my husband yesterday that she is going to move in with an "old friend" who is male and renting a room in his apt. We have offered more than once to keep the baby until she gets herself togther but she has turned us down. Is there anything we can do?
A: David's Answer: Yes, if despite your husband paying adequate child support she still isn't able to maintain adequate housing, then this is a specific factor the court must consider on a modification of custody case. Usually there's many more factors at play, so he's well advised to keep a paper-trail of communications with the mother. He 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: David's Answer: Yes, if despite your husband paying adequate child support she still isn't able to maintain adequate housing, then this is a specific factor the court must consider on a modification of custody case. Usually there's many more factors at play, so he's well advised to keep a paper-trail of communications with the mother. He should also schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Does a mother have the right to move the child away from the father to a different state?
Q: She moved my daughter.
Doesn't allow me to see my daughter when I have the opportunity.
If my daughter is with me she wants me to still provide support for my child instead of me using the money for my child the time she is with me.
A: David's Answer: First, a custodial parent cannot generally relocate the child without the noncustodial parent's express permission or Court order. Second, you need to object right away - thus assuming it's a relatively recent move, you need to file a petition in court immediately requesting the Court to order her to move back. Finally, child support does not disappear during periods of visitation - you still must generally pay. That said, you should schedule a follow-up consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Doesn't allow me to see my daughter when I have the opportunity.
If my daughter is with me she wants me to still provide support for my child instead of me using the money for my child the time she is with me.
A: David's Answer: First, a custodial parent cannot generally relocate the child without the noncustodial parent's express permission or Court order. Second, you need to object right away - thus assuming it's a relatively recent move, you need to file a petition in court immediately requesting the Court to order her to move back. Finally, child support does not disappear during periods of visitation - you still must generally pay. That said, you should schedule a follow-up consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can I move out of state if our agreement states I need his permission? What might happen if he returns?
Q: I have sole custody of my 5 year old daughter and her father has visitation and child support obligations. 7 months ago he suddenly quit his job, stopped visitation, terminated her health insurance, and left the country to avoid paying child support. He also has arrears from the previous years. We have had no contact and I have no contact information for him. He has called our daughter a few times each month. He is not a US citizen and has a green card.
A: David's Answer: I agree with Mr McGrath, to the extent I believe he was expressing that absent the father's consent, you need to file a motion or petition for modification. If the father defaults, then the court may hold a hearing still, but it will be an inquest hearing (a much simpler procedure). And since the court already has personal jurisdiction over the father by virtue of the divorce itself, the court is likely to order either certified mail delivery or FedEx/UPS delivery (with signature confirmation). In any event, schedule a follow-up consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: I agree with Mr McGrath, to the extent I believe he was expressing that absent the father's consent, you need to file a motion or petition for modification. If the father defaults, then the court may hold a hearing still, but it will be an inquest hearing (a much simpler procedure). And since the court already has personal jurisdiction over the father by virtue of the divorce itself, the court is likely to order either certified mail delivery or FedEx/UPS delivery (with signature confirmation). In any event, schedule a follow-up consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How can my boyfriend get full custody of his daughter ?
Q: my boyfriend is trying to get full custody over his daughter due to the fact that his ex wife cheated on him so many times with various men
A: David's Answer: First, if she's his ex-wife, this implies they already did the divorce. If the divorce was finalized & she was given custody, then most likely the "cheating" occurred prior to that. As such, while the cheating (assuming it can actually be proven at this point) may be a factor, it'd likely be a relatively minor factor compared to what has transpired since the divorce judgment was issued (i.e., what the change of circumstances are). In any event, your boyfriend should schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: First, if she's his ex-wife, this implies they already did the divorce. If the divorce was finalized & she was given custody, then most likely the "cheating" occurred prior to that. As such, while the cheating (assuming it can actually be proven at this point) may be a factor, it'd likely be a relatively minor factor compared to what has transpired since the divorce judgment was issued (i.e., what the change of circumstances are). In any event, your boyfriend should schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How can i get full custody of my daughter?
Q: my daughter's mother gave me my 5 year old child since day of birth.. Ive been provider for since day one, but yet i have not gotten full custody... I want full custody papers for my child...
A: David's Answer: Are there any orders at present (i.e., was there a prior order of joint custody)? If there are no prior orders, then file a petition for custody with Bronx Family Court. If there is a prior order, then file a petition for modification. In that instance, however, you need to make the argument as to what circumstances have changed since the prior order was done. In any event, for a full assessment of your situation, I suggest to schedule a free consultation with a Bronx Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Are there any orders at present (i.e., was there a prior order of joint custody)? If there are no prior orders, then file a petition for custody with Bronx Family Court. If there is a prior order, then file a petition for modification. In that instance, however, you need to make the argument as to what circumstances have changed since the prior order was done. In any event, for a full assessment of your situation, I suggest to schedule a free consultation with a Bronx Child Custody lawyer. -- 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)
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)
What are the laws in protecting a mom who wants to put child in foster care to protect herself and other children from the child
Q: The child is very aggressive and violent towards his mother and siblings.
A: David's Answer: You would contact the NYC Children's Services (formerly ACS) and talk to them about doing a voluntary placement. Be sure you discuss with them and receive in writing the terms of the voluntary placement and know for how long it is good for and what you would need to do to cancel it. I also encourage you to schedule a consultation with a NYC Child Custody attorney, particularly one with experience with ACS matters. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You would contact the NYC Children's Services (formerly ACS) and talk to them about doing a voluntary placement. Be sure you discuss with them and receive in writing the terms of the voluntary placement and know for how long it is good for and what you would need to do to cancel it. I also encourage you to schedule a consultation with a NYC Child Custody attorney, particularly one with experience with ACS matters. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I think the mother of my boyfriend's 6 yr old daughter is unfit. I don't think she is properly caring for her (hygiene issues).
Q: The daughter frequently comes in to our place smelling of smoke, urine, other odors. She often says that mommy told her to tell me to bath her and that she hasn't had a bath since the last time i bathed her. Now on top of that the child has started peeing her pants on a regular basis. Her vaginal area is red raw from lack of personal hygiene. The daughter knows to do these things but the mother does not inforce the idea so it just goes by the wayside. What can we do to gain custody of the child before anything worse happens in this child's life?
A: David's Answer: I respectfully more agree with Mr Duthely. First, as a former ACS prosecutor and one with rather extensive knowledge of child abuse, I can say that while a child of that age peeing in her pants COULD be a a sign of some form of abuse, I don't think one can say - without more - that the odds are likely this is happening. At the least, I would advise to bring her to a doctor immediately. Let the Doctor know what your concerns are & see if the Doctor him/herself calls ACS or refers the matter for a child abuse assessment. Calling ACS just on this evidence could backfire as it may appear that you're concocting a case when they may not be one. Beyond bringing her to a Doctor, I'd also highly suggest to schedule a consultation with a NYC Child Custody attorney, particularly one with experience in ACS matters. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: I respectfully more agree with Mr Duthely. First, as a former ACS prosecutor and one with rather extensive knowledge of child abuse, I can say that while a child of that age peeing in her pants COULD be a a sign of some form of abuse, I don't think one can say - without more - that the odds are likely this is happening. At the least, I would advise to bring her to a doctor immediately. Let the Doctor know what your concerns are & see if the Doctor him/herself calls ACS or refers the matter for a child abuse assessment. Calling ACS just on this evidence could backfire as it may appear that you're concocting a case when they may not be one. Beyond bringing her to a Doctor, I'd also highly suggest to schedule a consultation with a NYC Child Custody attorney, particularly one with experience in ACS matters. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can the parent awarded with final decision making authority relocate with the children?
Q: My husband and I have joint customer with final decision making awarded to myself. I would like to relocate with my children without the father. Will I be obstructing the law if I do since there is a joint legal customer with my having final say. The father was awarded visitations after an incident resulting in an full order of protection in place. He is now on a limited order of protection on probation for 6 months...If I leave with my children, will I be at fault even though I am the final decision making party?
A: David's Answer: The short answer is no - and it doesn't even turn on the fact that you have joint custody. Even if you had sole custody, you still cannot generally relocate without the noncustodial parent's express permission or court order allowing the move. Thus, if you move without this, you may be held in violation & ordered to move the child back at your expense. In any event, I suggest that you schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: The short answer is no - and it doesn't even turn on the fact that you have joint custody. Even if you had sole custody, you still cannot generally relocate without the noncustodial parent's express permission or court order allowing the move. Thus, if you move without this, you may be held in violation & ordered to move the child back at your expense. In any event, I suggest that you schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I'm trying to get the father of my children to sign for permission to get my children passports he rufuse what are my options
Q: He won't sign his part for the passports for our children
A: David's Answer: You must file a petition for sole custody. The Passport Office will excuse not having the father's signature so long as you present to them a court order of sole custody. For a full assessment of you situation, you should schedule a free consultation with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You must file a petition for sole custody. The Passport Office will excuse not having the father's signature so long as you present to them a court order of sole custody. For a full assessment of you situation, you should schedule a free consultation with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can my son's mother legally keep my son from me if she has a restraining order?
Q: there is no order for me to stay away from my child. i have a history of violence and drugs on my record. i have not been convicted in 8 years. she is 19. i am 36
A: David's Answer: While no order is present barring you from seeing the child unsupervised, until you actually file a petition for a visitation order then everything must be by agreement. If you file a petition, then the Judge will need to consider what the pending charges are as well as how recent your "history of violence & drugs" was as well as the substance thereof in determining whether to order supervised visitation. In any event, I highly suggest that you schedule a free consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child custody attorney (www.blivenlaw.net)
A: David's Answer: While no order is present barring you from seeing the child unsupervised, until you actually file a petition for a visitation order then everything must be by agreement. If you file a petition, then the Judge will need to consider what the pending charges are as well as how recent your "history of violence & drugs" was as well as the substance thereof in determining whether to order supervised visitation. In any event, I highly suggest that you schedule a free consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child custody attorney (www.blivenlaw.net)
Sunday, June 9, 2013
I have sole legal and physical custody of my daughter i plan on taking a trip to florida soon do i need the father's permission?
Q: He has visitation rights but thats it no custody rights. I have sole legal and phycial custody. he keeps saying i need his permission which i think i don't. We live in NY, my child is 16 months.
A: David's Answer: Yes, if the trip would interfere with his visitation time. If you do have an order & wish for the Court to give you permission to take the trip, file a modification petition. If you don't have an order, file a petition for custody. For a full assessment, schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Yes, if the trip would interfere with his visitation time. If you do have an order & wish for the Court to give you permission to take the trip, file a modification petition. If you don't have an order, file a petition for custody. For a full assessment, schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Am I obligated to take care of my daughter while she is spending court arranged visits with her dad?
Q: I am divorced and I have physical custody of our daughter. Her dad asked me to take care of our daughter for some hours during his court divorce arranged visits hours. I have to work and take driving classes and go to checkup doctor visit. Am I obligated to take care of my daughter if her dad is asking me to take care of her for some hours during his parenting visits? I need to get my driving license soon.
A: David's Answer: The short answer is no, if it's his time & he's not available, then he'll need to provide for child care for that time. Communicate same to him on a timely basis. You may also consult a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: The short answer is no, if it's his time & he's not available, then he'll need to provide for child care for that time. Communicate same to him on a timely basis. You may also consult a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Ex not informing me of new roommate's info and I'm concerned about my child's safety.
Q: I have full custody of my child, with all decision making rights. My ex recently moved, and did not tell me he had a roommate. Now that I am aware he has a roommate, my ex is refusing to give me any details beyond his roommate's name. My ex does not know this person well.
He also claims my child has his own room; I am unsure if that is true, since my child is only w/ my ex 5 weeks per year.
My ex lives in New York; I live in North Carolina.
Do I have any legal right to call the court, child protective services, or the police?
Should I? I am concerned about my child's safety, and don't really believe my ex when he says my son has his own room.
He also claims my child has his own room; I am unsure if that is true, since my child is only w/ my ex 5 weeks per year.
My ex lives in New York; I live in North Carolina.
Do I have any legal right to call the court, child protective services, or the police?
Should I? I am concerned about my child's safety, and don't really believe my ex when he says my son has his own room.
A: David's Answer: Where was the custody order done? If done in North Carolina, you may need to consult a lawyer there. If done in New York, I would not advise to call either the court, CPS or the police. You may consider filing a modification petition, but only after having a full consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How can I get my kids?
Q: My kids are in foster care and their mom is back and forth in jail because of outstanding warrants. Its coming up on 1 year since my children have been in foster care and I want to know how I can get my kids. I hired an attorney thinking that this would get resolved quickly but ACS sure has a way of dragging things along. No one lets me know how my kids are doing, it seems that ACS and the foster care agency is on the mother's side. I have ran out of money to pay my attorney and I still don't know whats going to happen to my kids. There were neglect charges against me and the mother because we got into a fight in front of the kids. I dont know what to do anymore. I can't get unsupervised visits because I do not live in NY and I dont have anywhere to bring them for the visit.
Additional information
I travel from Florida to New York to visit with my kids for 2 hours every Friday. I just recently started getting Saturday visits for 2 hours. I cannot take my kids outside to the park or even for a walk and I've never hurt them before. When the mother was released the 1st time she was around the kids even though there is an order of protection against her and the kids and no one does anything about it. If she gets the kids I will never see them again and I dont have any money for another attorney. What are my options considering that I do not live in New York anymore
A: David's Answer: In short, if you want custody of your children you would need to file a custody petition & have ACS & the mother served with the petition (along with the Attorney for the Children). Without knowing the reasons why your visitation was supervised in the first place, it's hard to say what the Judge wants you to do to get them to the point of being unsupervised. If you may under about $35,000 per & do not have any property or major assets, you may qualify for free court-assigned counsel. Otherwise, you'd have a tough battle to win a custody case without being represented by an attorney. It seems worth it for you to schedule a free phone consultation with a NYC Child Custody attorney, particularly one with experience in ACS matters. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I travel from Florida to New York to visit with my kids for 2 hours every Friday. I just recently started getting Saturday visits for 2 hours. I cannot take my kids outside to the park or even for a walk and I've never hurt them before. When the mother was released the 1st time she was around the kids even though there is an order of protection against her and the kids and no one does anything about it. If she gets the kids I will never see them again and I dont have any money for another attorney. What are my options considering that I do not live in New York anymore
A: David's Answer: In short, if you want custody of your children you would need to file a custody petition & have ACS & the mother served with the petition (along with the Attorney for the Children). Without knowing the reasons why your visitation was supervised in the first place, it's hard to say what the Judge wants you to do to get them to the point of being unsupervised. If you may under about $35,000 per & do not have any property or major assets, you may qualify for free court-assigned counsel. Otherwise, you'd have a tough battle to win a custody case without being represented by an attorney. It seems worth it for you to schedule a free phone consultation with a NYC Child Custody attorney, particularly one with experience in ACS matters. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
If my children live in Pennsylvania can I take the mother to court from new York city for custody?
Q: and not complying with my visitation rights that I received from a new York court syst
A: David's Answer: If the original order was issued in New York, and you still reside in New York, then the answer is yes, you can file a violation and/or modification petition regarding visitation here in New York. You're best advised to schedule a free consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child custody attorney (www.blivenlaw.net)
A: David's Answer: If the original order was issued in New York, and you still reside in New York, then the answer is yes, you can file a violation and/or modification petition regarding visitation here in New York. You're best advised to schedule a free consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child custody attorney (www.blivenlaw.net)
Legal Guardian(Europe). How can I receive official documents as Legal Guardian for a person ?
Q: I was named Legal Guardian for my daughter (adult person) by court order by the Guardian Authority(from our country).How can I receive official documents from USA as Legal Guardian.
What documents must be notarized? (through U.S embassy)
A: David's Answer: If you intend to reside in New York with the child, and thus prefer a New York order, then there's a process of registering the foreign order and/or getting a New York custody order. Schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
What documents must be notarized? (through U.S embassy)
A: David's Answer: If you intend to reside in New York with the child, and thus prefer a New York order, then there's a process of registering the foreign order and/or getting a New York custody order. Schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Tuesday, June 4, 2013
If the father of my children moved to a diff state, are they legally supposed to go visit him?
Q: We have court papers stating he is both of my childrens father and even visitation from when they were born. He moved away about 3 years ago and now wants them to visit him, are they mandated to have to visit him and will a judge grant him that right? I dont want my children going to a different state they arent familiar with. He chose to move so he should come and visit them here where they reside.
A: David's Answer: This really depends largely on the distance. If we're talking a move to eastern New jersey or southwestern Connecticut, then a Court would likely say he still gets the same visits as on the order (so long as he's willing to do pick-up/drop-off). If it's much further than that, then either of you can & should file a petition for modification of the visitation. That said, I encourage you to schedule a consultation with a Bronx child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
A: David's Answer: This really depends largely on the distance. If we're talking a move to eastern New jersey or southwestern Connecticut, then a Court would likely say he still gets the same visits as on the order (so long as he's willing to do pick-up/drop-off). If it's much further than that, then either of you can & should file a petition for modification of the visitation. That said, I encourage you to schedule a consultation with a Bronx child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
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