Tuesday, December 31, 2013

Hi. I am married and a stay @ home mother for 2 little children. My husband works but he does not share any of our financial

Q:  documents w me at all, including his pay stubs, IRS return, bills, stocks, bank account info etc. He has @ 20 credit cards and I am worried. (He makes $180.000 a year (W2) yet we got 2 eviction notices so far) He adamantly (sometimes violently) refuses to show me his pay stubs or any other account info and sends all his bills etc to his work address, so I absolutely have NO access to them or any of our financial info as a family. Is there any LEGAL way for me to ask him to share these info w me, as I am his wife and his finance influences me and our children (like eviction matters etc) or if he says no, will I have to be kept in dark of our finance forever? and will this be considered financial abuse?

Thank you very much.

A:  David's Answer:  You may wish to consider marriage counseling - but if that doesn't work, consider a separation or divorce. There seems to be no reason why, in the 21st century, your husband would treat you in this fashion. But outside of the context of a divorce or support proceeding, there is not what to legally force him to turn over this information.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Does harassment from non custodial parents limit visitation?

Q:  I'm being harassed by text every day the non custodial parent has the child

A:  David's Answer:  It does not necessarily impact visitation, but may (depending on the nature & frequency of the texts) provide a basis for an order of protection. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

When a finalized divorce states "custody", does that mean sole custody?

Q:  I am the custodial parent and not sure if the non custodial parent has joint legal custody. It was never an issue until now.

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divorce states: "That the Plaintiff shall have custody". since it doesn't mention the Defendant, does that mean that the Defendant has no custody?

A:  David's Answer:  If it just says "custody," then you do NOT have joint custody. The non-custodial parent has those parenting & access rights as prescribed in either your judgment or agreement (if you had the latter).  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What can someone Do if their ex just up and left with the children No word. Its been two months and now this person Is worried

Q:  My friend. Is very heartbroken. Their ex left with the three children. Pulled them out of school and disappeared. Its going on three months. And my friend has become. Increasingly worried. About what's Happening With the children. There has never been court appointed custody between The two. both has equally Taken care of the children, oldest Is 13teen. What can this person do? Argent help !!!!

A:  David's Answer:  If they were married, file for divorce & file an order to show cause requesting that the parent return. If unmarried, file for custody & a writ of habeus corpus requesting that the parent return the children. Your friend should act immediately because the longer the situation persists, the less the Judge will deem it to be an emergency & thus the slower the courts system will take to react to the situation. Have your friend call a Bronx Child Custody attorney to schedule a consultation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can the non custodial child support paying parent control who I choose to watch my daughter while I'm work?

Q:  He is concerned over my mother smoking in her house. My mother watches my daughter one day out of the week. He says because child support includes child care costs that I HAVE to pay a sitter to watch my daughter in a non smoking environment

A:  David's Answer:  The father is mixing apples with oranges. Merely because the child support order includes a provision for child care expenses does not mean you are required to incur those expenses. If you're not incurring those expenses, he doesn't have to pay those expenses. That said, the only issue impacting custody would be if your mother smoked around the child. Buy a good air purifier (with UV light) & have her smoke in another room with the door closed & window open.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Dad wants to make a written agreement with me outside of the court order already in place. how binding would this be?

Q:  Joint custody order in place from queens county. dad wants to do a written agreement with me outside of order regarding parenting time. how binding is this and is this something his attorney should be putting together or can we do it between ourselves. And what clause should be used to protect us.

A:  David's Answer: It is non-binding, even if drawn up by an attorney. Your best method is to do a modified agreement, then one of you file a petition to get the agreement incorporated into an amended order. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Can a US citizen father legally retain his US born children in United Arab Emirates

Q:  Can a US citizen father legally retain his US born children in United Arab Emirates under US law, by taking legal action in the UAE courts, as soon as the six-month deadline under expires under the Uniform Child Custody Jurisdiction And Enforcement Act in the United States?

A:  David's Answer:  Most likely, as if the children are in UAE, the father has de fact custody & the mother has not contested same within that 6 months, any argument the mother thereafter makes under the Hague Convention that the children were "wrongfully removed" from the U.S. would seem to carry little weight.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Is it fair that if a Japanese mother takes her US born children to Japan

Q:  Is it fair that if a Japanese mother takes her US born children to Japan, she is guilty of International Parental Kidnapping Crime Act 1993 (IPKCA)? The Japanese mother knows that is a crime under Japanese law, for the American father to see/take those same US born children in Japan, and he will be arrested by Japanese police and will go to jail in Japan, if he does.

A:  David's Answer:  Maybe.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)



A:  David's Answer: You have a right to file a petition for sibling visitation. You may file that petition at Bronx Family Court, assuming your brother also resides in the Bronx & is under 18.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Saturday, December 21, 2013

His idea of “child support” is pizza once a wk, and visits every other weekend!

Q:  My sister has been separated for almost 4 years now from her partner. They have a six year old together. He acts like he is above the law and has stated he will never pay child support. They had agreed on 50/50 custody, this lasted only a few weeks with him. Now he insists on picking the child up once a week for dinner, one night a week overnight & every other weekend. He only pays for 50% of expenses for school’s aftercare programs, that’s it.
My sister was advised by a local attorney that stated she should “let things be” The attorney stated that if pushed, the ex-partner may demand full custody by trying to prove he has a better living arrangement than she and demand child support from her. I don’t believe this is good advice, nor fair. Does living with our parents hurt her?

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Thank you all for your replies. My sister is also dealing with other issues with her ex partner and her child. They had both agreed to NOT introduce their son to new boyfriends/girlfriends/lovers... Since separating almost 4 years ago her ex has exposed their son to about 5 different "soul mates". Now she is also dealing with a six year boy that believes men should have a new mate every month. Visitations with dad has never been about spending time with the boy, its always with some woman always tagging along and staying at his apartment. Can a judge put a stop to this?

A:  David's Answer:  I don't believe this was good advise either. She should certainly begin keeping a paper-trail as to the days/times he's picking up the child. Merely living with your parents wouldn't be counted against her if she has sufficient accommodations for the child. That said, before filing for a modification of custody, she should schedule a consultation with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Wednesday, December 18, 2013

If the mother goes to jail can the father who have visitation rights get sole custody of child over the maternal grandmother

Q: the mother was arrested for armed robbery, father has case against mother for aggravated assault, she threatened father and paternal grandmother, their is a history of her making domestic violence allegations against father and then dropping charges. father and paternal grandmother work and can afford to care for child and have resided at the same residence for 25 years. maternal grandmother receives government assistance and has many medical issues, the child is almost 6 years old and has requested to live with paternal grandmother and father, child cries when she has to return to mother and maternal grandmother after every visit,

A:  David's Answer:  It would seem you have a basis to at least file for custody, but as to whether you will win depends on an assessment of many factors. For instance, I would want to know why the child was with the grandmother in the first place, as opposed to the father. As such, you're best advised to schedule a consultation with a Bronx Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What factors would help get a 50/50 joint legal and physical custody decision overturned on appeal?

Q:  I live in ny and my ex lives in nj. After a 3 yr custody trial in NY, judge awarded us 50/50 joint legal/physical custody. The judge throughout the course of the trial said we repeatedly showed we couldn't even agree that the sky is blue. And when our 5 yr old child is spending the wk my ex, she has to commute to school 3 hrs round trip every day. I'm appealing the decision pro se but was curious to know what factors can be cited against joint physical and legal custody given that we both were fighting for sole custody and have a history of not being able to coparent together & do not live near each other. Even the forensic expert said I should have sole custody & that joint custody would be destructive for our child. Also my ex just filed to pay $0 in support despite earning 4x my income?

A:  David's Answer:  First, there is caselaw supporting the argument that if the parties demonstrate animosity towards one another, joint custody should not generally be awarded. That said, I highly advise against doing your appeal by yourself. You have the right to ask the court to assign you counsel if you cannot afford same. Otherwise, you will be charged with the same knowledge of laws & procedures as an attorney. As for child support, usually a "Bast v. Rosoff" analysis would provide that she pay at least some support if she's earning more. Schedule a consultation with a Bronx Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Saturday, December 14, 2013

Can my grandma get custody of my little brother after he got adopted .

Q:  now she the legal guardian-to my brother but she got married with a sex offender is there any way we can fight for him and show prof that he is a sex offender

A:  David's Answer:  There is certainly a possibility as a sex offender would be registered so it would be easy to prove. My advise is to file a custody petition & get her served. Schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I would like to undo guardianship of a minor. how would I do that?

Q:  my mother has guardianship of my son. at the time it was done for help insurance because at the time I did not have any myself. I now know he could have had it with out going down this path. I also have health insurance through my job. I am also worried that she will fight me on getting guardianship put back in my name. so I would like to know what to expect.

A:  David's Answer:  You need to file a petition for modification, and allege facts sufficient to warrant a change of custody. What you should expect depends on a full assessment of the individual facts of your case. As such, you should call a NYC Child Custody attorney to schedule a consultation.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Hello. I am planning a divorce in 2-3 years due to my circumstances. Is it possible to see a lawyer now and if so, how does it

Q:  work? I have 2 little kids, one of them is still 10 weeks old, and I am a stay at home mom. I have no time but have tons to prepare for a divorce. How do the contract and the lawyer fee etc work in a case like this? (If there is a way to go for a divorce now, I will definitely take it now though.)

A:  David's Answer:  The best thing you can do is to call a NYC Divorce attorney & schedule a consultation appointment. At the appointment, the lawyer can fully review the facts of your case & give you a complete assessment. You can then go from there as to whether you file now or wait 2+ years to do so. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Child custody

Q:  I have a full custody of my two daughters was granted to me in 2011 court papers said I'm the only one In charge and responsible of the good sake of my kids...My ex-spouse haven't seen the kids as per his choice since then...If I decided to move out to another state.. Do I have to let court notification of that ? As well to my ex?

A:  David's Answer:  I strongly advise against moving without express written permission of the father. I have seen too many cases in which mothers (even with sole custody) have moved & then the court orders them to return at their expense. Why take that chance? It's better to get a modified agreement & even better yet a court order giving you permission to relocate. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Saturday, December 7, 2013

Must custodial parent allow a scheduled international visit if the noncustodial parent refuses to provide a full itinerary?

Q:  Noncustodial parent lives overseas. Custody/visitation order in NY, where child resides. Order states noncustodial parent must provide "full itinerary and contact information" to sole custodial parent for all overseas visitation. Parents alternate chaperoning child; same parent does outbound and return for each visit, as per order. For all previous visits, regardless of chaperone, ncp has provided cp a copy of booking from airline in advance (4 days to 4 months) with clearly visible confirmation numbers. NCP has stated in writing he will not provide such now. Has indicated airport, departure times informally. NCP is chaperone; CP is expected to turn child with passport over without any *real* flight documentation. Just don't know what to do.

A:  David's Answer:  Send a letter/e-mail to NCP stating that, without him/her providing the full itinerary & contact information per the order, you will not consent to the trip. State you see no reason for this information not to be provided & ask for his/her reason(s) for refusing to provide same. Ultimately this may need to be brought back to court. Schedule a consultation with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Child custody - does fl or NY have jurisdiction?

Q:  Who has jurisdiction? Florida or NY? Mother is custodial parent and NY resident. Father is Florida resident and $30k in child support arrears. He never saw child until child was 2 but became involved after sued for support. Mother welcomed the involvement of father encouraged relationship and after spending a $100 a day in babysitters took the father up on offer to let son temporarily attend preK in fl since it was a full day program unlike NYC - 2 hour a day program. Child in now 5 and mother took him back to NY to start kindergarten. Father was denied emergency order to bring child back.. Now has filed a pick up order and a hearing is pending as he is trying to proof mother and son are Florida residents

A:  David's Answer:  More facts are needed to assess this properly. First, when you say the child just moved back to NY - how long has the child been back in NY? Generally, home state jurisdiction is where the child has resided for more than 6 months. Moreover, were there any prior orders of custody/visitation? If yes, which state issued those prior orders? Is there a case pending in NY as well as in Florida? I strongly urge you to schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Child custody night shift

Q:  I work the night shift for the last year. The child grandma watch's at night while at work which is where we live. I've had primary custody three years now. Included in the divorce was right of first refusal anytime. I didn't think it was an issue because I leave at 10 for work and back at 7:30 in the morning. Any reasonable person wouldn't drag the kids out 10 at night to stay at the other parents house. and anytime spent there would not be meaningful anyway .they would sleep. the child goes to bed at 8. Now my ex finally clicked im working nights. and is getting a lawyer probably to get custody and contempt. where do I stand? I can switch to days as soon as a opening comes up where I work. but she refuses to pay any daycare that's why I took the nights in the first place, what should Ido

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and before she files contempt etc does she have to use the dispute resolution process in our parenting plan? and yes I know I should get a lawyer:) just need the quick version.and what is the best way to defend against the contempt?

A:  David's Answer:  Send a letter (or e-mail) to the other parent asking for them to clarify whether they are insisting on the child going out at 10pm at night just to sleep nights at their house. If the answer is yes, then you're best advised to file a modification petition & ask that the order be amended to read that the "first refusal clause" does not apply to the nighttime scenario. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Wednesday, December 4, 2013

Hello. I'm a stay@home mom of 2 kids. (4yrs, 2 mos) My husband is almost NEVER HOME, for work or pleasure. He & his family has b

Q:  een "severely" mistreating me for the past 5 yrs. I dedicate my all to our kids 24/7, 365 days, never hired any help since our first was born. I handled EVERYTHING for special ed issue for our first kid w NY State until she got over the issue for the two yrs. Yet, their inhuman treatment of me (mostly emotional manipulative/verbal abuse) is reaching an unbearable limit (I have so many police reports) & starting to influence my kids indirectly & I need to protect them asap. He has so much debt but I have good savings. I want to go for a divorce yet he contests. Is there anything I can do at least to legally prevent my in-laws to see our kids until they change their cruel inhuman treatments of me that is starting to affect my kids? (He once sued me falsely, got caught & admitted his fault.)

A:  David's Answer:  You may file for custody as well as a request for an order to exclude the grandparents from visits. Depending on the nature of their conduct, you may also be able to file for an order of protection. Whether you're successful will depend on the particular facts. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

How can I prevent family court to grant permission to my child's grandfather after I already have fully custody?

Q:  I have won custody of my son on Sept. 16 2013 and it has been three years since birth and he has always remained with me and my family. Neither of his grandparents has made the attempt to be in his life up until I won the custody and the mother has no rights

A:  David's Answer:  How you prepare your defense depends on what the allegations are. Generally, for grandparents to win custody, they must prove persistent neglect or abandonment. Schedule a consultation with a Bronx Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

If physical custody is 50 50 and parents make the same income, doesnt that make child support a extortion by the state

Q:  Seems like family court is a necessary evil, like government.

A:  David's Answer:  And some would say the evil is in a parent who's not willing to ensure his/her child retains the same financial footing as if the parents never separated in the first place.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I gave my husband legal and residential custody of our son while I left the state of NY I'm returning and I'd like shared custod

Q:  Going through a divorce where I had an order of protection and was living with my son in a DV shelter I lost everything work home car so I gave my son to his father for an undetermined amount of time while I healed and got myself together. My son is my ex biological son and my adopted son. He is 4,yes old. While I was out of state my ex took my son to see a therapist because he claimed my son had behavioral issues he sees a therapist once a week. I'm planning on going back to be there for my son and my ex signed a stipulation that if I returned I would have joint legal. I'd like to have shard custody. Ex says he will go by therapist recom. So if she says no what do I do Wouldn't my son having both his parents equally helphim? Right now I only have holidays. Ex says he be flex w/ weekends

A:  David's Answer:  Whether a court would grant you shared & joint custody depends on many factors, such as then length of time you've been out of state, how close a relationship you have with the child, why you weren't able to visit more often, etc. Schedule a consultation with a NYC Child Custody attorney for a full assessment.   -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

My husband had court ordered visitation rights to his daughter 12 years ago. Will that order still be In place today?

Q:  He and his ex separated (because she was unfaithful) and her and her family didn't allow him to see the baby on his days and times and he would have to call the cops. She then moved to Florida and my husband moved on and hasn't seen her since, now my husband and his daughter live in ny and he would like to try again to see her. He was thingkinbg of filing for visitation again. Any information will be gladly appreciated. And the original visitation was ordered in ny.

A:  David's Answer:  I disagree strongly with any opinion that Florida would now have jurisdiction if the child "resided in Florida for more than 6 months." This is a "home state" analysis & only applies (generally) to initial custody/visitation determinations. If NY already issued an initial order, then NY retains "continuing & exclusive jurisdiction" over modification proceedings so long as 1 parent remains in the original state. As such, your husband should first send a letter to the mother asking to reinstate & court-ordered schedule & if she refuses, then file a petition. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)