Q: We have joint custody/physical. This is the third week in a row where the school calls to say they're absent. So they've been absent one day a week now for the past three weeks!
A: David's Answer: I'd advise to attempt to communicate with the mother as to the reason(s) why they're missing school. Confirm any such conversation in writing. If they're sick, you should be notified of their illness & any doctor's appointments. -- 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.
Tuesday, November 25, 2014
Friday, November 7, 2014
If my son's father is on supervised visitation, and he isn't in the suggested program, how likely is it he will get overnights?
Q: We had worked out a shared custody situation for 2 years (no court or
lawyers). Dad passed out on street while with 8 year old. I went to
court for custody and to limit his visitation. I got temporary custody
and agency supervised visits. Dad has not gone to suggested program but
is paying for supervised visits. I don't think much has changed. How
likely is it that he will get overnights reinstated?
A: David's Answer: If by "passed out on the street" you mean because of alcohol or drugs, and by "suggested program" you mean a drug or alcohol rehab program, then I see it as very unlikely he'll get unsupervised visits. Most likely, the Judge will say that if he hasn't remedied his problem, he can't get restoration of unsupervised visits. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If by "passed out on the street" you mean because of alcohol or drugs, and by "suggested program" you mean a drug or alcohol rehab program, then I see it as very unlikely he'll get unsupervised visits. Most likely, the Judge will say that if he hasn't remedied his problem, he can't get restoration of unsupervised visits. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
What happens when one parent does not abide to a court ordered agreement?
Q: Both parents have joint custody and physical. The mother refuses to drop off the children on the day she is supposed to.
A: David's Answer: You should first send a default notice letter to her, via certified mail, stating you alleged violation and ask that you both strictly follow the order from now on. If there are repeated violations, then file a violation petition. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You should first send a default notice letter to her, via certified mail, stating you alleged violation and ask that you both strictly follow the order from now on. If there are repeated violations, then file a violation petition. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Father blocking phone call access to child from other parent
Q: I have a joint custody settlement created outside of court and signed by
a judge in NYC family court. (We are regular folks with no legal
issues, nor abuse against our son.) My child's father continually blocks
my phone access to my 7yr old by turning his phone, his wife's phone,
and my child's phone off on days he decides not to allow me access.
(Days I drop my son at school and he is picked up by his father are days
he thinks I should not "need" to talk to my son.) Nothing in our
agreement specifies that I should not be allowed a short call with my
son to say goodnight on these days. Also, my son and I enjoy speaking
every day when he is at Dads, nothing excessive just one call. What are
my options to enforce allowing my son and I to speak on these days which
occur once or twice per wk?
A: David's Answer: You'll need to file a modification petition asking for a provision allowing 1 call per day to each parent who does not have the child. Prescribe a time & have the provision state that the other parent is require to facilitate the call. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You'll need to file a modification petition asking for a provision allowing 1 call per day to each parent who does not have the child. Prescribe a time & have the provision state that the other parent is require to facilitate the call. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Monday, November 3, 2014
How do I go about filing for sole physical custody for my son ?
Q: My name is Jazmine. I would like to know how to go about filing for sole
physical custody? My son is 7 his father comes to visit twice a week
Monday and Thursday's in my home and other days if I call and ask him to
watch our son. My sons father lives in home with his friend sleeps in
the living room and he smokes marijuana everyday. I spoke to him about
hanging out with our son on Saturday sundays every other weekend for a
few hours before he goes to his second job at a tattoo shop. I told him
hanging out in my house will eventually change. I no longer want him in
my home during the week. My son is with me the majority of the time I
usually am the one to make decisions for the child. I always include his
father sometimes the father doesn't call on the weekends I also receive
financial help.
A: David's Answer: You can just file a petition for custody in the Bronx Family Court. You're best advised to keep a paper-trail of e-mails with the father confirming the days/times he does visit, when he cancels, and and concerns you have about more extended time with the child. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You can just file a petition for custody in the Bronx Family Court. You're best advised to keep a paper-trail of e-mails with the father confirming the days/times he does visit, when he cancels, and and concerns you have about more extended time with the child. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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