Q: Custody was decided during divorce after trial ended. How soon can I reapply for change of custody. What is the probability of winning it the second time?
A: David's Answer: There's no real time limit, because what matters most is whether you're able to establish a "change in circumstances" sufficient to warrant a change of custody. Whether you would be able to establish same - as well as the probability of success - would need to be full assessed on the facts of your individual case. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
Friday, September 26, 2014
If appeal a custody decision if I lose it again will I be responsible for the other party's attorney fee.
Q: Also the attorney that I am hiring is stating that he has to first file a order to show cause and then obtain the transcripts and then file a appeal, is the procedure correct?
Why does the appeal procedure takes a lot of time, does he have to go to court back and forth just like family/supreme court appearances or just submitting brief for review? I am just getting worried about his hourly charges.
Why does the appeal procedure takes a lot of time, does he have to go to court back and forth just like family/supreme court appearances or just submitting brief for review? I am just getting worried about his hourly charges.
A: David's Answer: If there's a disparity of income, it's possible the non-monied party can make an application for counsel fees in the trial court if you do not prevail on appeal. Generally, if one is "seeking permission to appeal," one files the notice of appeal along with the order to show cause seeking permission to appeal. Transcripts can be ordered simultaneously with the filing. Finally, there generally are no court appearances on an appeal (if that's what you mean), other than possible oral argument (which is optional). - David Bliven, Bronx Child Custody Law attorney (www.blivenlaw.net)
I am a non custodial parent, i have been paying the child support, however I am not excersing the current visitation schedule as
Q: I have moved to different state , one day if I find out that the child is taken out of country without my knowledge will I be able to file for a custody modification and kidnap, my ex has the sole custody.
A: David's Answer: If by "taken out of the country," you mean just for vacation, then no. If you mean the mother permanently relocates the residence of the child to another country, then yes, you can certainly file a petition requesting that she return the child. However, you must do so in a timely manner as if you wait too long, the original issuing state may find it no longer has jurisdiction to enforce. - David Bliven, Bronx Child Custody Law attorney (www.blivenlaw.net)
A: David's Answer: If by "taken out of the country," you mean just for vacation, then no. If you mean the mother permanently relocates the residence of the child to another country, then yes, you can certainly file a petition requesting that she return the child. However, you must do so in a timely manner as if you wait too long, the original issuing state may find it no longer has jurisdiction to enforce. - David Bliven, Bronx Child Custody Law attorney (www.blivenlaw.net)
Sunday, September 21, 2014
What lawyer do I need?
Q: I'm a divorced female with 2 year old child. My ex and I share join legal custody. Side note, he is never around, and he is in national guards. I am trying to join the army myself, but my recruiter said I can't join, since I'm a single parent. I need to talk to a lawyer about signing away my legal rights to my mother for the time of my basic training and potential deployment. But I have no idea what kind of lawyer I need to talk to? Please give me some advice of what lawyer I need? Thank you.
A: David's Answer: You'd need to file for joint custody with primary physical residence to the grandmother. You'll need to specify that this would only be for the period of active deployment. However, you'll ultimately need to serve the father with the papers. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You'd need to file for joint custody with primary physical residence to the grandmother. You'll need to specify that this would only be for the period of active deployment. However, you'll ultimately need to serve the father with the papers. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How do I obtain an attorney for custody? I can't afford one.
Q: I was served a summons on the 16, I'm scheduled to appear to BKLYN NY on the 23 of September for my first appearance. I reside in the Bx NY.
A: David's Answer: Preliminarily, you should be aware that this was insufficient notice, as you're entitled to 8 days advance notice of a court appearance (unless it was served via an order to show cause). That said, if you're looking for court-assigned counsel, you can ask the Judge at the appearance date. Be prepared to document your income & execute a financial disclosure affidavit listing your expenses & assets. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Preliminarily, you should be aware that this was insufficient notice, as you're entitled to 8 days advance notice of a court appearance (unless it was served via an order to show cause). That said, if you're looking for court-assigned counsel, you can ask the Judge at the appearance date. Be prepared to document your income & execute a financial disclosure affidavit listing your expenses & assets. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Thursday, September 18, 2014
Can a parent who has signed over parental rights have visitation rights ?
Q: The father of my child wants visitation rights after singing over his parental rights over to me 8 yrs ago and does not pay any child support can he get visitation rights ?
A: David's Answer: Did he "sign over his rights" by doing a "surrender" in the context of a step-parent adoption proceeding? If yes, then he'd be extremely unlikely to be able to legally impose visitation rights. If not, however, then merely because he executed a document between the two of you doesn't mean that document is legally-enforceable. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Did he "sign over his rights" by doing a "surrender" in the context of a step-parent adoption proceeding? If yes, then he'd be extremely unlikely to be able to legally impose visitation rights. If not, however, then merely because he executed a document between the two of you doesn't mean that document is legally-enforceable. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Tuesday, September 16, 2014
I am concerned about who is watching my child besides the custodial parent
Q: Family member and her current bf both have dwis. I am concerned about what is going on when mom is not there. What can I do? I don't know who is watching my child. Current order says " both parties will inform the other about personnel and care" regarding the child.
A: David's Answer: If you believe this is an arguable violation of the order, you need to communicate your con concerns to the mother. Ask if those "other people" have care-taking responsibility & if so, are they prohibited from driving. If yes, ask what the plan is for emergencies in which they would need to drive the child someplace. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If you believe this is an arguable violation of the order, you need to communicate your con concerns to the mother. Ask if those "other people" have care-taking responsibility & if so, are they prohibited from driving. If yes, ask what the plan is for emergencies in which they would need to drive the child someplace. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Are my parents responsible for bringing my daughter to see her other grandparents
Q: My husband text my mother and asked her to contact his mother so she can see her grandchild. He has her from 5-8 Monday and thurs and 9-5 every othe Saturday. Isn't it his responsibility to take the child to see his parents.
A: David's Answer: Yes - unless there's an order to the contrary, then the paternal grandparents get to see the child on the father's time with the child. if they want separate time, it'll either need to be on your express agreement or they'll need to file a grandparent visitation petition. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Yes - unless there's an order to the contrary, then the paternal grandparents get to see the child on the father's time with the child. if they want separate time, it'll either need to be on your express agreement or they'll need to file a grandparent visitation petition. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Should I file a motion to allow me travel with the child from NY to FL for a week to visit child's grandparents?
Q: During a pending divorce, do I need a judge's permission to travel out of state with a 3 yo child? There is no custody/visitation order at this time. Also, my wife, who filed for divorce and asked for full custody unlike me, has not allowed me to travel to FL with our 3 yo daughter to visit grandparents for the past year. Thank you.
A: David's Answer: You should notify the other parent in writing of your planned trip, provide the itinerary (or proposed itinerary), where you'll be staying & a phone number where she can reach the child during the trip. if she objects, then it's best to file a motion on the issue. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You should notify the other parent in writing of your planned trip, provide the itinerary (or proposed itinerary), where you'll be staying & a phone number where she can reach the child during the trip. if she objects, then it's best to file a motion on the issue. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My parents are deceased an my sister has full custody of my little sis.can I also fight for full custody
Q: She's unhappy and don't want to be there anymore.
A: David's Answer: You can certainly file for custody, but your odds of winning depend on many more factors than the mere fact that the child's not happy with the present arrangement. For example: age of child, duration of current arrangement, your ability to support the child & your living environment as well as your sister's situation. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You can certainly file for custody, but your odds of winning depend on many more factors than the mere fact that the child's not happy with the present arrangement. For example: age of child, duration of current arrangement, your ability to support the child & your living environment as well as your sister's situation. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Sunday, September 7, 2014
How can I move my daughter out of state?
Q: I have a three year old who has always lived with me. Her father and I never married. There is no court ordered agreements he's been seeing her every other weekend on our own agreement. I have another child with my fiancé who has been "daddy" to my ex's and my child since she was 1. We live in a bad NYC neighborhood with stabbings and shootings every other week. My fiancé has the opportunity to relocate 1 1/2 hrs (by plane) away with his job to a small southern city. I would love for my daughter to not bear witness to the violence in NYC and have a normal life growing up. How can I move my daughter out of state with us? What are the steps I must take? If I just up and move within the next 3 months like I plan, can he take her from me?
A: David's Answer: You'd need to file a custody petition along with an application for relocation. My advise would be to file a child support petition along with same to give you some bargaining leverage. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You'd need to file a custody petition along with an application for relocation. My advise would be to file a child support petition along with same to give you some bargaining leverage. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Will this work in my favor greatly when it comes to custody?
Q: If I file for divorce and want full custody, would the face that my wife uses marijuana and hang around with convicted criminals (including sex crimes) work strongly in my favor for custody.
A: David's Answer: Yes, those facts would work in your favor, but you'd ultimately have to prove those facts. Thus, ask for your wife to be drug tested at the initial court date. And if you have the resources to do so, hire a private investigator. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Yes, those facts would work in your favor, but you'd ultimately have to prove those facts. Thus, ask for your wife to be drug tested at the initial court date. And if you have the resources to do so, hire a private investigator. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, September 6, 2014
I am in California, but my Son is in New York. Do I file the paternity forms for visitations in California or in New York.
Q: I want to get full custody because his mother is on drugs and she is not taking care of hi.
A: David's Answer: If your name is not on the birth certificate & paternity has not been previously established, then you'll need to file both a paternity & custody petition here in NY. Forms are here:http://www.courts.state.ny.us/forms/familycourt.... - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If your name is not on the birth certificate & paternity has not been previously established, then you'll need to file both a paternity & custody petition here in NY. Forms are here:http://www.courts.state.ny.us/forms/familycourt.... - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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