Wednesday, November 27, 2013

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

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

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

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

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

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

Where should I pursue custody modification?

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

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

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

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

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

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

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

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

Wednesday, November 20, 2013

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

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

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

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

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

A:  David's Answer:  Why not?  -- David Bliven, Bronx Child Custody lawyer (

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wednesday, November 13, 2013

Where can I go for help?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Visitation violation

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

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

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

Wednesday, November 6, 2013

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

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

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

Saturday, November 2, 2013


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

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

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

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

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

Can I appeal two orders in one Notice of Appeal?

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

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

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

Joint custody

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

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

Does my child need to go on her scheduled visit?

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

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

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

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

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

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

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

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

What do you recommended an American father do?

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

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

Divorce custody

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

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

Is it fair that if an American man prevents a

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

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

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

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

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