Wednesday, August 28, 2013

Please I have a quick question; Me and my wife been together since her oldest was 6 months old

Q:  Please I have a quick question;

Me and my wife been together since her oldest was 6 months old I have been there for her and all now her dad (child's farther) try to take her for joint custody he has never paid any child support in the past we try with and without to courts and nothing at this time he is wants to play nasty can "I sue for the 8 years of supporting his child and how to go about it if we can" YES WE ARE LEGALLY MARRIED"

A:  David's Answer:  You cannot sue him for you supporting his child, but the mother may certainly file a violation petition if there's an outstanding order of support. You're best advised to schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (

What is reasonable to expect if a 4 yr about talking on the phone to her father

Q:  My husband keeps putting in petitions and letters to my lawyer saying we wont answer the phone when he calls. He sees her 2-3 times a week and calls every day. The child doesnt always want to talk on the phone and she hangs up immediately. I tell her if she doesn't talk to him she cant watch tv or have icecream etc. but it doesnt matter to her. Hiw can i make her talk so the judge dont think im a bad parent. I have sole custody he has set visitation. I always let him make up time. What should i do

A:  David's Answer:  Try to tell her to at least get on the phone to say hello. You're right that a 4-year-old won't always listen. The question becomes if he's filed multiple other petitions on the same issue what the Judge has thought of those multiple petitions. For a full assessment, schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (

Father has custody of one child can he get my son too?

Q:  My soon to be ex has custody of his youngest child from another woman and now he wants custody of our son. Can he get him? He's the natural father of our son I am the adoptive mother. My lawyer says I have a good chance but I don't see it.

A:  David's Answer:  Theoretically it's possible he can get custody. The more important question is how likely it is. That will depend on a full assessment of the pros & cons on both sides. As such, you're best advised to schedule a consultation with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (

What weight does child support have on an open deportation case.

Q:  My daughters father just recently caught up on his arrears in our child support order. He has been going to immigration court for a pending deportation case for the last 4-5 years. Does having a child support order have any weight on his ongoing immigration case? Also does visitation/custody (he only has visitations) or even just having a child here in the US have weight on his case? I know he's trying to stay in this country by pleading for asylum, that's really all I know regarding his case.

A:  David's Answer:  I believe it would have very little weight one way or the other. That said, you're best advised to, at the least, re-post this question under the category of "immigration," or ideally consult with an immigration attorney.  -- David Bliven, Bronx Child Custody attorney (

How can I get an emergency court date ?

Q:  Hi, I have a problem. I am taking my sons mom to court for joint custody. This is the second court date we were given. The first she didn't get served on time and now on the second one she asked me to change it and my lawyer advices me not to. I visit my son twice a week and we usually go out and watch a movie, play in the park etc. now bc i didn't change it she told me i can't take him out of her moms house. What can I do?

A:  David's Answer:  Do you already have an order of visitation? If so, you should consider filing a violation petition if she violates the order. Have your attorney fire off a letter threatening to file a contempt application if she violates the order. If you don't have an order of visitation yet, still send the letter (I'd suggest you both send a letter to her). That said, the only way to advance the court date is by order to show cause. For a 2d opinion, schedule a consultation with a Bronx Child Custody lawyer.   -- David Bliven, Bronx Child Custody attorney (

Can I get pro bono/cheap legal support to file a motion for unpaid child support/care and for a potential future custody trial?

Q:  I am currently involved in a bitter divorce/custody battle. My Ex is not paying his court ordered child support/care, he pays me what he likes and it's not enough, plus he owes me $7,474 in back pay. I am already in front of a Supreme Court Judge but my Ex is deliberately dragging out the divorce and fighting me every step of the way to claim joint legal custody of our son. He has no stable residence or job, no money and has supervised visits with our son. I have loaned money for my legal expenses but we are a year down the line and I can't afford my Lawyer any more. I need to find another cheaper Lawyer who is an expert in family matters to help me through the custody trial and I need assistance now with filing a motion for unpaid child support/care. Please advise on what to do. Thanks.

A:  David's Answer:  If you qualify, you may ask the Judge to appoint you counsel on the custody/visitation issues. Otherwise, I encourage you to shop around - many attorney in the outer boroughs (Bronx, Queens, Brooklyn) still practice in Manhattan & are usually cheaper in comparison to Manhattan attorneys. -- David Bliven, Bronx Child Custody attorney (

Saturday, August 17, 2013

If I file for custody will the judge Grant me it if my son father can't be located

Q: I have not spoken to my son dad in years but to be on the safe side I want custody of my child but I don't know if I would have to wait for the court to find him first. I had another concern which I forgot to post up from before if my son dad just decides to sign his right's over an I object to his notation will he still be responsible for child support.

A:  David's Answer:  First, the court will do nothing to "locate him" - that is ultimately your responsibility. He will indeed need to be served with a summons or you'll need to hire a P.I. to conduct a "diligent search." Second, there is no such thing (outside of the foster care or adoption context) of 'signing his parental rights over. For a full assessment, schedule a consultation with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (

My son is 5 years old his father was absent out of his life for 4 years I want full custody.

Q:  My son father is not doing nothing for my child but he file for visitation when my son was around 2-3 years old. I avoided my son father because he dealt with people who did not care for my child how ever I never received the paperwork of the visitation .I also want child support my son father claim he cant pay which he lied to the court he have three different bank accounts. If my son father decides to go for visitation I want them monitored I was in a domestic violence shelter due to my son dad because of his harassment. I don't know how the court will handle this situation because I want full custody but his dad is no where to be found.

A:  David's Answer:  You can certainly file a petition to enforce the back child support. Assuming you get a money judgment for the arrears, notify Support Collection Unit for where he has the bank accounts. As for whether the court will restrict his visitation, you'd need to provide more facts, including the extent of the harassment, how recent it was as well as whether the father is currently vitiating the child (and how often). For a full assessment, schedule a consultation with a Bronx Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (

Can I file for visitation rights if the child is living in another state and of an age where they can refuse visits?

Q:  the child is 13 yrs old

A:  David's Answer:  If there are no prior orders of custody or visitation in New York, then you'll likely need to file a petition for visitation in the state where the child resides. You're best advised to keep a paper-trail of your efforts to contact and/or see the child. -- David Bliven, Bronx Child Custody attorney (

Can I file paperwork to overrule a referee's decision

Q:  I'm in the midst of a custody battle. Recently, my sons father refuses to return my child violating the court ordered visitation. I went to court to file a violation and was given false information from an inexperienced clerk. I sought suspension of the visitation as I had to get the police involved when he didn't return the child. He goes to court and files for an order to show cause. When I appeared, the referee didn't even ask to see the police report and instead refused to discuss what he did and in turn says I violated her order as I only filed a petition and an order wasn't in place. I feel as she is not only biased but is not looking at the best interest of the child. She even changed the visitation. What can I do to suspend the visitation?

A:  David's Answer:  I agree with the other counsel - you need to either retain a lawyer or ask for court-assigned counsel. That said, whether you can file a motion to a Judge to deny the Referee's findings depends in part on whether you signed a stipulation allowing the Referee to "hear & determine" (versus "hear & report") as well as whether the this was a final order or an interim decision. You would also need to advise whether you are in Family Court or Supreme. For a full assessment, you're best advised to schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (

I don't want to give up custody. My daughter wants to go to school in another state with her sister and live there for a year?

Q:  As the custodial parent (father), would I be giving up custody if I allowed my daughter (10) to live with her grandmother (mother's mother) for a year to go to school in another state (NC)? Can her mother then try to keep her in NC by filing for custody for her?

Additional information
Also if we drafted up a document and got it notarized that the agreement is only for one calendar year and she must return then, would that void any claims for her grandmother or mother to be granted custody?

A:  David's Answer:  To answer your question with more precision, I'd need to know whether there is a prior order of custody. If there is, then you're well advised to go into court and have any "agreement" between you, the mother & the grandmother incorporated into a modified order. That said, the court cannot preclude the mother from filing for a change of custody a year later, nor can the court approve a provision stating that the child will automatically return to you in a year. For a full assessment, schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (

What happens to my case now and future if I have a court date that I've filed a petition for and I do not attend the court date?

Q:  I filed a petition and have a court date to suspend visitation with the non-custodial parent who abandoned our child a year ago. However, I've been unable to serve the NCP as his whereabouts are unknown. I have been advised by a lawyer to just skip it but would like to hear other advice. I'm concerned that the NCP may be aware of court date and might have someone show up to represent him. I'm also concerned that even if he doesn't have someone there that my not showing up may hurt my case later if I file a petition related to visitation once NCP's location is determined. I have full physical and legal custody.

A:  David's Answer:  You're probably better off attending than not. If the father does show up, then you will look even more bad in not appearing. Moreover, if you qualify, the court may assign you counsel who then may assist you in getting an investigator appointed (who in turn may assist in locating the father). For a full assessment, you're well-advised to schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (

Sunday, August 11, 2013

Does my ex have to right to prevent over nights visits?

Q: My ex wife has sole custody of our two kids ages 12 and 7. I have no visitation nothing I signed the divorce paper that gave that to her. I see the kids every other Sunday and on important days she has allowed me to keep them overnight on the week ends. Since they are on holidays I now want to take the children to stay overnight with me during the week, she says she has no problem but if I wont be around to take care of them and will leave them with my wife who she does not know, she wont be sending them. Does she have the right to do this?

A: The answer to your question depends on for how long the children would be with your new wife. Visitation, as a general rule, is meant to be between you and the children. If, for instance, you had to go to work for an entire day in which you'd otherwise have the children, the mother would probably be correct in requesting that the children stay with her (as opposed to your wife) while you're at work. In any event, please feel free to contact me (718-725-9600) for a free consultation in my Bronx office.  -- David Bliven, Bronx Child Custody lawyer (

Saturday, August 10, 2013

Can I get full legal custody of my child when the father hasn't had contact for 3 years and owes over $25,000 in child support?

Q:  My child is 5 years old, the father has not seen **** in three years with hardly any contact during this time. There is no current visitation order or custody agreement. It has also been a year since he last paid any child support. My child has always lived with me and I am the sole decision maker, caretaker and provider. I am not exactly sure of the fathers whereabouts although I do have a phone number and email for him and believe he may be in California. I have been living in New York with my child for the last three years. There is currently no visitation or custody order.

A:  David's Answer:  It appears you have a very strong case for sole custody. I'd advise to file a support violation petition along with your custody petition. You should also schedule a consultation with a NYC Child Custody lawyer for a full assessment.  --  David Bliven, Bronx Child Custody attorney (

If 2 sister have been adopted by 2 different families do they still have rights to visit with each other

Q:  i have 2 daughters 1 13yrs old adopted by my grandmother & my 11yr old was a non related family the lady that has my 11yr old disappeared for 7 years we had no type of contact recently as life would have it my daughters reunited but now the lady doesn't want the girls to see each other cause she said she doesn't have to let my 11yr old see her sister if she doesn't want to don't the girls have the right to see each other or what can i do or my grandmother do to held the girls see each other because they r both going through therapy cause of this situation

A: David's Answer:  I disagree with the opinion that siblings have no standing to petition for visitation with each other - that right is specifically conferred by statute, DRL Sec. 71. Generally their court-appointed attorney can & should file a petition on their behalf for sibling visitation.  --  David Bliven, Bronx Child Custody attorney (

Can i get my kids back after surrendering wit the conditions of visitations

Q:  i surrendered my 4 kids 2yrs ago with the conditions of visitations they have not been adopted yet i surrender cause i wasn't complying with ACS i had to in roll in drug program mental health treatment since then i had another child & is with relative & i am working on getting her back I've been complying with ACS I've been clean for 6 months I've also been getting all my services & treatments i complete the program Sept. of this year i have a few certificates under my belt i have proper housing I have changed my life around not only for myself but for my children Honestly i only surrendered because i was under the influence of drugs & wasn't on my medication & thought i had no other choice my lawyer said it would be best & also said i would get more visits & calls which i am not getting

A:  David's Answer:  Maybe, but it depends on the circumstances as to why the children have not been adopted yet. If their pre-adoptive resource feel through, and there is no pre-adoptive resource as yet identified, then this may give you a basis to file a motion to vacate the surrender. For a full assessment, schedule a consultation with a Bronx Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (

Wednesday, August 7, 2013

If I take my husband to court for visitation of our 4 children

Q:  Do I have the right to know where he lives...he wants to take them overnight but refuses to tell me where he lives...2 of my children are special I allowed to know where he lives

A:  David's Answer:  I think that's a reasonable request unless he alleges (& is prepared to prove) that he's been a victim of harassment by you. For a full assessment, schedule a consultation with a Bronx Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (

Sunday, August 4, 2013

If a parent is pshytric and he support his kids but it not with wife and she live the state can he go to court to get rights

Q:  She has girl in Oklahoma and is with a milatary guy and won't let father see his kids and grandmother what can he do

A:  David's Answer:  If the mother moved with the child more than 6 months ago, then OK is now the home state of the child, and the father would need to apply for visitation rights in that state. If she moved less than 6 months ago, then he may apply for visitation here and/or apply for an order requiring her to return to New York with the child. For a full assessment, you're best advised to schedule a consultation with a NYC Child Custody lawyer. --  David Bliven, Bronx Child Custody attorney (

How many days to I have to file a counter petition for child custody? Do I have to respond to my ex's petition?

Q:  My ex filed for sole custody of our son, we now have joint custody.

A:  David's Answer:  There is no technical deadline to file a counter-petition, but it should nevertheless be done as soon as possible. Additionally, while many people do not file Answers to Petitions, I advise to do so (same is permitted pursuant to Art. 4 of the CPLR). For a full assessment, schedule a consultation with a NYC Child Custody attorney. --  David Bliven, Bronx Child Custody attorney (