What would you advice a father to do?

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

Additional information

 

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


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

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

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


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

What should a mother do legally?

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


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

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

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


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

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

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


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

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

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


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

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

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


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

My ex husband lost all custody, visitation & communication with our daughter. I have sole, legal, physical custody of her. My ex

Q:  Seems to be under the impression that he can see my daughter after she turns 18, although she is in college, and as such, I have sole legal custody until she is finished with college.
Can he attempt to see her when she turns 18 ?


A:  David's Answer:  For custody & visitation purposes, she's an adult at age 18. As such, while he's free to attempt to see her at that point, she's also free to tell him to "buzz off" or she'll call the police.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if a father files a paternity suit in the United States against a pregnant women

Q:  What happens if a father files a paternity suit in the United States against a pregnant women, before her child is born? The man can prove to the court he got this woman pregnant but cannot prove that she gave birth to a child or got abortion. A medical doctor is willing to testify that she was pregnant but does not know if she gave birth or got an abortion.


A:  David's Answer:  The Court would be extremely unlikely to order a DNA test on a fetus. Thus, such a petition would generally need to await the child's birth.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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

Q:  Does an American father have the legal right to complain under US law? His American daughter thinks she is born in Belgium and speaks her mother’s native language Dutch fluently. Every European that that sees her thinks she is born in Belgium and it in possible to tell that she is born in the United States. His son that is born in the United States also speaks Dutch and every body thinks he is born in Belgium and it is impossible to tell that he is born in the United States.


A:  David's Answer:  I'm not sure what the father would be "complaining" about. You posted this under the category of "Child Custody" - is your question really an immigration issue?  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if a father files a paternity suit in the United States

Q:  What happens if a father files a paternity suit in the United States against a pregnant women, before her child is born? The man can prove to the court he got this woman pregnant but cannot prove that she gave birth to a child.


A:  David's Answer:  Merely proving one had sex with a woman does not prove paternity. Because paternity in this context can only be proven via a DNA match between father & child, and because DNA cannot be (safely) taken from a fetus, the paternity case will not be allowed to proceed until after the child is born.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can a father that lives in California contest a move from New York to New Jersey over child custody order that New York courts

Q:  Can a father that lives in California contest a move from New York to New Jersey over child custody order that New York courts have legal jurisdiction over? There is a New York child custody order that gives the father visitation rights., but he lives in California.


A:  David's Answer:  Theoretically he could contest, but unless he has a valid reason for objecting, the court could probably grant the relocation request without even conducting a trial. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

How difficult would it be for a court in New York City judge to

Q:  How difficult would it be for a court in New York City judge to find the birth records of a child that is born outside the United States? The US State Department has a record that the child is born in Canada, has a US consular of birth record and has issued the child a US passport. The mother lives in New York City, and refuses to turn over the child for a paternity test. The courts/police in Canada cannot locate the child in Canada. The child could have been outside Canada and it is possible that under Canadian law there courts have no legal jurisdiction over the child. It is impossible to tell that the child is in Canada, the United States or in a another country. Because the child is born in Canada, the child could also be traveling abroad using a Canadian passport.


A:  David's Answer:  The Court will do nothing to locate birth records or conduct any form of investigation. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if a mother has a child and she never files a birth certificate, so there would be no record of the child’s birth

Q:  What happens if a mother has a child and she never files a birth certificate, so there would be no record of the child’s birth because than it would be very difficult for the father to locate his child. The mother and child are born in the United States.


A:  David's Answer:  Merely filing the birth certificate - or failing to - would not affect the father's ability to locate the child.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can a father object a move from New York to New Jersey?

Q: Can a father object a move from New York to New Jersey? The move will not affect his visitation rights, because the child will live less than 10 miles from the father but is just across the state line.


A:  David's Answer:  This depends on whether there's a prior order or agreement restricting the move. If not, then the issue for the Judge will be more about whether the move will interfere with his ability to maintain a relationship with the child. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

If a American mother gives birth to a child in Japan and abandons her child in Japan

Q:  If a American mother gives birth to a child in Japan and abandons her child in Japan, and than returns to New York, is she guilty of "kidnapping" - and if that is the case, it is a federal crime under the International Parental Kidnapping Crime Act (18 USC 1204). The mother gives the New York family court judge a US consular of birth report as proof that her daughter is born in Japan, and she has abandoned her with sister in Japan. She refuses to bring her daughter to the United States, to establish paternity and or custody. She says that her daughter will not be allowed to leave Japan (not be allowed to visit the United States) before her 18 birthdays.


A:  David's Answer:  If it was her daughter, she's free to transport her anywhere, so no, it wouldn't be kidnapping. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if an American father files a paternity suit against a mother to ?

Q:  What happens if an American father files a paternity suit against a mother to establish paternity and get custody/visitation rights? The mother shows up in court in New York City and produces a US consular of birth abroad certificate as proof that her daughter is born in Japan, and she gave up her child for adoption in Japan. She gives paperwork from the Japanese courts that her daughter was legally adopted by her sister in Japan. Any US court rulings made cannot be enforced in Japan, and the only thing the US court can do is put the mother in Jail/prison. The Japanese mother lives in New York City the same place where the American father lives.


A:  David's Answer:  First, the father would not be able to "establish paternity" in the U.S. if the child is not available to participate in a DNA test due to the adoption. Thus, assuming the Japanese adoption decree is valid, then the father must fist retain Japanese counsel so as to reverse the adoption proceeding there (presumably due to lack of jurisdiction). If successful, then the father may thereafter file for paternity and custody/visitation here. For a full assessment, you're best advised to schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can my mother (custodial parent) shorten my visits with my father without consulting a lawyer?

Q:  My sister and I spend two weekends per month with my father and the rest of the time, with my mother, who lives in a city two hours away. She demanded that my father bring us back by 6 p.m. (original time 8 p.m.) because we "need time to prepare for the school week". This is completely untrue as we managed perfectly to prepare for the next day when my father brought us back at 8 p.m. Can my mother legally shorten our visits, without even consulting a lawyer?


A:  David's Answer:  It really depends on what the visitation order says. If the order says "8pm drop-off," then Mom's arguably violated it. But rather than cause more issues with a violation case, I suggest your Dad try either speaking to her or writing to her and point out the discrepancy and ask to revert to the order. If she refuses, then your Dad will need to file a violation petition. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What can I do about an Forensic Fraudster?

Q:  So I have been forced by the courts to contract a forensic evaluator. At the first 2 hour session he explained that he bills for two hours, at $375 per hour, but will only see me for one and half hours. He needs an hour for administration. He then proceeded to spend an hour telling me about his bill and how it must be paid in advance. At an estimated 50 hours of work billed at $375 per hour.

A week ago I took my child in. The Forensics guy seemed disheveled and perhaps hungover. . The office is dirty, This guy is billing the same money as other professionals that manage to maintain clean and even impressive offices, yet his place is a disgusting mess. it's like I'm being treated by a homeless person, and going to a welfare office.

Who regulates these people? And what rules apply


A:  David's Answer:  With regard to his pay, that's regulated by the Judge on your case - and thus subject to court order. Thus, if you wish to limit his hourly rate and/or hours he charges for, this must be the subject of a motion to the Judge. As for the other issues you've raised, you're best advised to contact the Office of Attorneys for Children (if you're in Manhattan, call the Appellate Div., 1st Dept for the number), as they regulate the assigned mental health professionals & thus determine who gets on - and potentially who gets removed from - their list.   --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What are my rights in this situation and what can I/ should I do?

Q:  My ex-bf's girlfriend has continuously harassed me over the past 3 yrs by repeatedly calling ACS on me. This past weekend, the allegations were that my son (6 y/o) is exposed to drugs and violence when he visits his father at his paternal grandmother's home. My son hasn't even seen his father or grandmother in over a year. When the ACS workers came to my home I told them and their respective supervisors they were not entering my home without a warrant and I did not want them questioning my child without myself or a lawyer present. Today a worker went to my son's school and questioned him anyway. This has been so stressful and embarrassing and the rights I thought I had (like having an attorney for my child) I am being told by ACS that they don't apply. What should I do? What are my rights?


A:  David's Answer:  Your child does not have a right to a lawyer for a pre-filing ACS investigation. While you have the right to hire an attorney, there is little as a practical matter the attorney can do. If you refuse entrance to your home, ACS routinely goes to Court, gets an order authorizing them to conduct the investigation & speak with the child, and the Court almost always grants the order. With regard to the school, you should write them a letter via certified mail, return receipt stating that from now on, if the emergency does not occur in school, then ACS is not authorized absent a court order to the contrary to speak with your child outside of your presence. For a full assessment, schedule a consultation with a Bronx Family Law attorney, particularly one with experience in ACS matters.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Two legally unmarried lesbian moms split 1.5 years ago. They had two children. Mom A. remained in house. Mom B. moved. Mom A.

Q:  Gave birth to a Child A. Girl 5yrs old. Child A. stays with Mom A. 90%. (M-F and every other wknd) Mom B. Legally Adopted Child A. and sees Child 4-6x mon. (every other wknd). Mom B. Gave birth to Child B. Girl 2.5 yrs old. Child B. moved with Mom B. into new house 1 year ago. and is with her 90% of the time. (M-F & every other wknd) Mom A. is on birth certificate for Child B. but did not adopt. Each mom has decided to be financially responsible for their own biological child & has been already for one year. Artificial insemination was used with the same anonymous donor through cryobank. The division of time and finances were agreed upon mutually by word only w/ the visitation changing by need as arises. I am Mom A. Please advise what my Legal rights & responsibilities are to Child B.


A:  David's Answer:  Preliminarily, as you posted this under "child custody," you may wish to re-post under "Child Support." That said, merely having your name on the birth certificate does not create a legal relationship with a child - only an "acknowledgment of paternity" does so. If there is not acknowledgment of paternity and quite obviously you wouldn't be the "biological father," then the only argument left is that of equitable estoppel. Unless there is a change in the law, however, the current law in NY is that equitable estoppel cannot create a parental relationship with a child in which the only relation to the biological parent is that of a homosexual relationship. That said, in light of the "changing times," it's likely someone will attempt to argue for new law in this area. If you do not wish to be seen as the parent for Child B, then don't visit Child B, don't provide support, etc. For a full assessment, schedule a consultation with a NYC Family Law attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Looking for a pro bono lawyer for my family court case. Can someone please help?

Q:  I have court on October 4, 2013. It was for modification. But now it is for modification and violation. The mother of my child keeps lying in court and the judge does not listen to my side of the story. Can someone please help me as I can't not afford lawyer and don't want to wait for the last minute for the courts to appoint one for me because I have been screw that way also.


A:  David's Answer:  There are extremely few lawyers who accept pro bono cases - most of them work for law school clinics or similar non-profit organizations. You can either ask the court to assign you a free lawyer, or shop around & see if you can retain an attorney on a sliding scale.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

In new York State .... with the SUNY Cap with for college tuition.. How does it work?

Q:  Mother moved to New York and enter a DV shelter with both children from Ohio January 2012.
Father moved to Arizona to Arizona sometime in 2012. Both are not married to each other, but they both has an open share custody case in Ohio. July 2012 of last year Ohio gave temp custody to the father. Father came to NY and just took them and NY requested Ohio courts to return them and the children were returned August 18th. Now there was another court hearing in Ohio which the mother had a lawyer to represent her in Ohio and since she did not show the magistrate gave full custody to the father and now has the children as of August 30 2013. She went to Ohio on Sept. 11 to see the magistrate regarding the objection her lawyer filed and Ohio denied her. She asked for case to be closed and Ohio refuse


A:  David's Answer:  Whether Ohio did or did not have proper jurisdiction is an issue which now must be challenged there. It sounds as though the mother had filed some sort of custody case here in New York, the courts conferred and Ohio retained jurisdiction. Thus, the remedy would be to appeal the Ohio court's determination. Of course, to render a definitive opinion, one would need to review all of the court orders & decisions. Thus, if you're looking for such an assessment, you're best advised to schedule a consultation with a NYC Child Custody attorney. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

My son was taken from me by my ex's parents, my sons grandparents based on lies.

Q:  I moved to NYC, Before I Lived in Maryland and traveled back and forward from MD to NYC every week for 2or 3 days at a time then the rest of the week was home with my boy. Well his grandparents occasionally would watch him, well I was in need of money and needed to work extra days, also i had talked to his grandmother on moving to NYC because i found a better job. Well she offered to watch him for two weeks while i get prepared and trained for my new job. While i was gone she proceeds to go to ct and lie about me use g drugs, being a horrible mother, and got temp full custody its been a yr my trial is 2 mos away and i call everyday they let me talk to him only 1x week i past drug test in ct and can prove their lies im still afraid of not winning my son has beenwith me all his life help

 

Additional information

 

It happened in md

A:  David's Answer:  If your trial is 2 months away, then you should be actively working with your attorney to gather evidence & identify witnesses who will testify on your behalf. If you don't have an attorney, or are not satisfied with your present attorney, then you should shop around. Even if you're just looking for a 2d opinion, however, you're best advised to schedule a consultation with a NYC Child Custody lawyer.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Whats the non-custodial parents requirements for sleeping arrangements for 5 yr old boy (in school) and 5 day old infant girl?

Q:  Non- custodial parent (father) has visitation with 5 year old son, every other Friday after school (kindergarten) to Monday morning school drop off. He and new wife had a baby last week. The infant girl is sleeping/sharing the same bedroom with the 5 year old boy.

Additional information

 

My concerns are not regarding the sex of the children rather the oppertunity/right for the school age child to have a healthy nights sleep and be rested and prepared for school.

A:  David's Answer:  The issue then would be: what would happen with an intact family that also happened to have a new-born? I don't think the Judge would restrict him to day visits only if he simply doesn't have the physical space to put the child elsewhere. That said, I'd advise you to schedule a consultation with a NYC Child Custody lawyer for a full assessment of the situation.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Kids birthdays in terms of pendente lite custody when I am thecustodial parent with primary physical custodyby n shared legal

Q:  I have pendente lite custody, but it just says tht I have primary custody and the kids visit non cust parwnt every other weekend nd 2 weekends in summer, dosent say anything else abt birthdays or holidays etc, neways my childs birthday falls on my weekend so I proposed tht the child comes to non cust parent on eve of birthday, ie fri eve to sat when the birthday is until 1pm and I can have them back at 1pm for the rest of thhe day, that way we both have time with them,
But he says no he wont give me the kids back at all , all day birthday and believes in odd even year birthday sharing, neither the judge said nything like tht, nor from my side, am I being unfair in splitting the birthday btw both of us so we get to spend time with child or he is being reasonable, I just wanna have half of


A:  David's Answer:  If the present order doesn't address birthdays, then whichever parent has the child on the regular schedule gets the birthday. Neither party may deviate from the regular schedule without consent from the other, nor "impose" an odd/even split. If there is a disagreement, this should be brought to the attention of the court. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

How do I move out of state with my child when I have joint custody with my ex?

Q: My son is 2 years old and lives with me Mon-Fri and his is mother has him from Fri to Mon. We have joint custody of him and we live in NY. I am planning to move to North Carolina next year and I want to take my son with me but I am not sure his mother would agree to it. Right now I support him fully and do not receive child support from her. I am looking to buy a house in the suburbs and she lives in a not so nice neighborhood. How can I move out of state with him legally?


A: Relocation is a complex case & thus if you are serious about doing so, you need to plan a strategy now. If the non-custodial parent is not paying child support, then she should be. You'll need to file for same and press the issue on add-on expenses as well. Moreover, your reasons for the move are critical. For instance, are you moving because your job is being transferred, or just for a "fresh start?" Your case is tougher if the latter as opposed to the former.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

How to address being forcefully restrained from presenting arguments or making a record

Q: My attorney has been overseeing a custody car before Justice La Tia Martin. The judge has said, "I will not let you make a record", "Only I determine what will be included as part of the record", "If you attempt to speak on any area without my direction, I will conclude the testimony". My attorney was threatened with sanctions for presenting ex parte letters to the Court then threatened again should any more questions be asked on the topic altogether. Not sure how to move forward in a case when the judge forcefully restrains presenting evidence or even speaking on the record.


A: Your attorney should have been aware that ex parte communications are not allowed. As to what your attorney is trying to "get in the record," that depends on what stage the case is at. If the case is in the middle of a trial, then your attorney can simply note his objection if she denies admissibility of a piece of evidence. That way, the issue is preserved for appellate review.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I have physical custody of my children and i want to move to another state less than 50 miles can he prevent that?

Q: the father is saying he's going to stop me is that possible?


A: Assuming there are no prior orders or agreements entered in court, then you should file a custody petition. Whether he can ultimately prevent the move depends on alot of factors, such as his level of involvement with the children, payment of support, your reasons for the move, etc.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Question about my 3 yearr old son visiting me outside his home state to new york to visit me...

Q: im wondering if i can get my son and fly back to new york where i live from kansas, even if the mother doesn't agree and my son already knows who i am to him and is comfortable being with me.... we've recently been to court and i have joint custody and she has residency custody. it was court ordered that we try and work things out amongst ourselves....She has stated its going to be hard for me for the next two years and thats she's going to move. it's pretty clear she's going to make it hard for me to have him visit me here in new york.....Should i just automatically go back to court????


A: The first question I'd have is: what Court issued the order? This is important as it then determines which state's laws apply. Then the next question would be: (a) how old is the child? (b) what does the prior order say about visitation? (c) what has your visitation been like historically with the child? (d) who's going to pay for the child to fly? I would nevertheless encourage you to schedule a consultation with a Family Law attorney to discuss your situation more fully.  -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Ineed an 18-b lawyer for a visitation case. I don't have the means to pay for a lawyer. How can I get an 18-b lawyer to help me?

Q: My son was murdered last year at this time and I am trying to get to visit his last child.


A: You ask the Judge for the assignment on the initial court date.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can i file for sole custody?

Q: my daughter is 7yrs old i i came from new york to spain we live here now she goes to school here her daddy has custody but he asked me to keep her cause he was going to seat and do federal time now hes release and on probation till 2014, and my daugther its doing great here in school even got a scholarship, i wanna go back to ny and file for sole custody. what are my chances?


A: One would think that if the child's been living with you for more than a couple of years (though this is unclear from your posting) then you'd stand a good shot of getting custody. I would nonetheless advise that you contact a Family Law attorney for a consultation.  --  David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Moving out of state for a new job do I have to notify the court?

Q:  I'm also moving out of state in 30 days will that be a issue for the court if I move out of the state from the case? Since I'm no longer employed and the new job starts out of state but I have to complete a 30 day training course. Will I have to worry about a bench warrant being issued for none payment even though my court date is 3 months away? Please help


A:  David's Answer:  If you are the non-custodial parent, you're free to relocate. You may wish to petition to modify the visitation order in that event. As for child support, the court won't usually issue a warrant pending the court date, but if you're found in willful violation of the support order, the Magistrate may recommend your incarceration.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

If I plan on moving, to either another state or country, can my ex petition me to stay in the area (town/city/state)?

Q:  She would be claiming this is for the children.


A:  David's Answer:  Visitation with the children cannot be forced, so the Judge cannot force you to remain close by the children (assuming, of course, you're the non-custodial parent). For a full assessment, schedule a consultation with a NYC Child Custody lawyer.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Should I have legal documents on to how children are picked up for visitation & communication?

Q:  The custodial parent does not want to meet half way for pick-up & drop -off of visitation. They believe, I moved out then I should come back to their house to get them. Can I get a legal document or petition stating we meet half way? Should I write up minute details, such as what was just stated and how frequently I am expected to speak with custodial parent for my own legal protection?


A:  David's Answer: Yes, you should file a petition for visitation in the Family Court. And yes, you should keep a paper-trail with the custodial parent. For a full assessment, schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

There must be a Pro-bono out there come on I know your out there, single dad needs help with custody the case and evidence

Q:  FAMILY COURT/CUSTODY PRO BONO ATTORNEY The case and many evidence are very solid, there also has been a court ordered CPS report which I know most likely is 98% in my favor due to mother not giving my child his life sustaining medication. I just have to get a copy of the report. Single dad needs help or have to wing it pro-se has no money looking for a pro-bono attorney who is even willing to settle for a very low flat rate. Somebody out there have a heart is it really all about the money.. HELLO I KNOW YOUR OUT THERE, have a heart... hehe... lol


A:  David's Answer:  Most lawyers will not accept pro bono cases within the field of Family Law simply because of the existence of assigned counsel (through the court) for financially needy persons. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)