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, November 20, 2015
Saturday, April 18, 2015
My son has custody of his daughter, in the event of something happening to him, who will the baby stay with?
Q: Will the baby stay with the maternal or paternal grandmother?
A: David's Answer: If by "something happening to him," you mean his demise, the child would presumptively go into the custody of the mother. The grandparents would only have a case for custody if they can prove the mother persistently neglected or abandoned the child. Schedule a consult with a Bronx Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If by "something happening to him," you mean his demise, the child would presumptively go into the custody of the mother. The grandparents would only have a case for custody if they can prove the mother persistently neglected or abandoned the child. Schedule a consult with a Bronx Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Tuesday, April 14, 2015
Suicidal thoughts of non custodial parent
Q: I am the custodial parent and my daughter lives with me in Ny. Her father who lives in another state expressed to me that he thinks about killing himself. That scares me to death. I want to file for sole custody of our daughter but only if i know it will work out for the best.
A: David's Answer: Draft an e-mail capturing the conversation, express your concern and state you think he should get help. As for custody, this will take a complete assessment of your individual situation. Thus, schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Draft an e-mail capturing the conversation, express your concern and state you think he should get help. As for custody, this will take a complete assessment of your individual situation. Thus, schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How do I give custody to my sister that lives in a different state
Q: I have cancer and I can't walk.. I want my sister to care for my daughter while I'm here . Dad doesn't have a place to live with her. And she needs to go to school
A: David's Answer: She'd need to file a petition for custody & get both you & the Father served. If it's on consent everything should get done in 1 court date. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: She'd need to file a petition for custody & get both you & the Father served. If it's on consent everything should get done in 1 court date. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My wife does not hav custody or c my 5 kids. 4 the 2 kids that r 15/16 if i pass away can my domestic ptnr raise them?
Q: My x would do anything to cut off all ch sup in the event of my death. Would my ptnr also b able2 collect ch sup 2 raise them? We hav been 2gether 4 5 yrs.
A: David's Answer: You can write a will, which can serve to capture your intent as to who will take care of your children upon your demise. It's not binding, but nevertheless admissible as to your intentions. Your domestic partner would then need to file a custody case upon your demise, alleging your ex either neglected or abandoned the children. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You can write a will, which can serve to capture your intent as to who will take care of your children upon your demise. It's not binding, but nevertheless admissible as to your intentions. Your domestic partner would then need to file a custody case upon your demise, alleging your ex either neglected or abandoned the children. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I have custody during the week, my ex has 2 out of 3 weekends a month. I have to travel for work and he gets that time.
Q: Custody was divided as I have school week days and he has one visit a week plus friday to monday two out of three weeks a month. Court felt he could not handle stress of school nights. The judged ordered in the decree that I make every attempt when I have to travel for work to have her stay with him. She has to travel an hour each night and morning to get to school from his place when she does. When I travel I lose that time and he never compromises giving me some of his weekend time. If I travel wed to friday, I don't get to see her until following mon. If he needs to leave on a weekend I know his wife watches her. I try to keep travel to a minimum but its part of the job. Can I go back and adjust? I hardly have any weekend time with her and weekdays are taken up by school.
He doesn't travel for work and if he did it would be on the weekdays, which is when she is with me. I've had to travel more than expected for work. She lives with me, an hour away from him but she's never here on the weekends and it's hard for her to see her friends and it works out to about one weekend a month for us. The court felt it was balanced because I got her all week while he had the weekends. But we both work, so I don't see her until 6 every night during the week and she's in school during the day. And when I have to travel he gets those weekdays too. So most of the week he gets her Friday evening to monday morning, then has Tues dinner with her, and then picks her up on Friday. So I only see her Monday, Wed and Thurs and the weekend before my weekend, he also gets a sleepover on Thurs night. I was given residential custody. He was also allowed to pay less than the minimum child support for his travel costs to the city even though he already commuted to the city for work every day.
A: David's Answer: I'd agree it's fair that if he needs to travel on a particular weekend, that you'd get rights of first refusal on taking care of the child as opposed to his new wife. The way you'd need to do it is to file a modification petition. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Additional information
A: David's Answer: I'd agree it's fair that if he needs to travel on a particular weekend, that you'd get rights of first refusal on taking care of the child as opposed to his new wife. The way you'd need to do it is to file a modification petition. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
What can the cops do?
Q: I have joint custody. He is 11. He never wants to go back to his mothers. He will usually throw a fit and reluctantly go. I tell him he needs to respect his mother and go with her, and then he is mad at me for a day or two... but he knows the drill, he's been doing this since he was 8 months. I hate sending him back, but I do not want to be arrested for 'stopping visitation time'. What happens if he does not want to go back? and refuses to go? If his mom calls the cops to 'enforce' the order, what can happen? I know she will put up a stink because if he chooses to live with me primarily she will lose her support.It isn't about the money, I wouldn't even ask for support if I had legal primary. Hate seeing him mad and confused.
do i keep making him go back, create a petition in the meantime, and video/audio record his behavior? Or do I try to come to an agreement with his mother, if nothing comes to an agreement, then go forward with court action?
A: David's Answer: If the police determine you're guilty of custodial interference, it's a class A misdemeanor subjecting you to arrest & possible incarceration for up to 1 year. The police can also force a return of the child to the mother. As such, if there's a need to modify the order, it's best to file a petition - if there's an emergency, you can bring the child to court with you & file an order to show cause. Schedule a consult with a NYC Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Additional information
A: David's Answer: If the police determine you're guilty of custodial interference, it's a class A misdemeanor subjecting you to arrest & possible incarceration for up to 1 year. The police can also force a return of the child to the mother. As such, if there's a need to modify the order, it's best to file a petition - if there's an emergency, you can bring the child to court with you & file an order to show cause. Schedule a consult with a NYC Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can I withdraw my custody petition by letter? If so, will the the judge still make decisions in the case without me there?
Q: I petitioned the court for custody with my child who lives with the mother. We have been to the initial court appearance and once more after the child met with the child attorney. But I have decided to withdraw my petition all together and I would like to withdraw by letter so I don't miss work. There are no other petitions.
But I'm not sure how it works. Does it stop once I withdraw or will they still be able to make other decisions in the case without me there?
A: David's Answer: You can withdraw your petition by sending a letter to the Court to that effect with a notation that a copy was sent to the mother as well. This should be sufficient, unless the mother files a counter-petition. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
But I'm not sure how it works. Does it stop once I withdraw or will they still be able to make other decisions in the case without me there?
A: David's Answer: You can withdraw your petition by sending a letter to the Court to that effect with a notation that a copy was sent to the mother as well. This should be sufficient, unless the mother files a counter-petition. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Monday, March 30, 2015
My ex wife wants to relocate with son to Texas to help with the care of her sick parents. Legitimate reason or no?
Q: I am VERY involved father also the non custodial parent. I see my son
daily with the only exception of the weekends that he is with his
mother. She has other siblings, family, etc that are already taking care
of both her parents while she is here.
David's Answer: This doesn't seem to me to be a legitimate reason, since the focus on any custody relocation case is whether the move is in the best interests of the child, not whether it's primarily to suit a need of the mother. She'd need to demonstrate how the proposed move would substantially benefit the child, which would then need to off-set the reduced time seeing you. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David's Answer: This doesn't seem to me to be a legitimate reason, since the focus on any custody relocation case is whether the move is in the best interests of the child, not whether it's primarily to suit a need of the mother. She'd need to demonstrate how the proposed move would substantially benefit the child, which would then need to off-set the reduced time seeing you. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Friday, March 20, 2015
Can I get sole custody for my son even if we the parents still married, but the father refuses to bring our USC son back to USA
Q: my US citizen son is stuck overseas, and the father refuses to give me my son's passport to could bring him back to USA, the only option i have is to get a sole custody, can I win it even if we still married?
and do I have to get the legal custody ? or physical? or something else?
A: David's Answer: Merely because you're still married does not vacate your ability to file for custody. That said, if the child lives with the father overseas, you may have a jurisdictional issue, especially if the child's been residing overseas for more than 6 months. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
and do I have to get the legal custody ? or physical? or something else?
A: David's Answer: Merely because you're still married does not vacate your ability to file for custody. That said, if the child lives with the father overseas, you may have a jurisdictional issue, especially if the child's been residing overseas for more than 6 months. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I want to get a passport for my son?
Q: My son's father hasn't seen or contacted him in 4 years. I have no information where he is. I want to get my son a passport and I can't without the consent of his father. How can I do this without him? And I don't have sole custody, but will like to get it?
A: David's Answer: You can do one of 2 things: (1) file a petition for sole custody, or (2) complete the DS-5525 form (available from the US State Dept.), which explains why the other parent is not signing the passport application. That said, the best course of action is to file the petition for sole custody. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You can do one of 2 things: (1) file a petition for sole custody, or (2) complete the DS-5525 form (available from the US State Dept.), which explains why the other parent is not signing the passport application. That said, the best course of action is to file the petition for sole custody. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, March 14, 2015
The father request visitation can the grandmother get visitation also
Q: The grandma thinks that her son will get visitation instead she is asking to give it to her the visitation
A: David's Answer: A grandmother can file a grandparent visitation petition. Whether the grandparent will get a court order to that effect is a different issue, however. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: A grandmother can file a grandparent visitation petition. Whether the grandparent will get a court order to that effect is a different issue, however. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How can I provide a video download of my spouse to a divorce judge for evidence on a custody battle
Q: I have a video download of my spouse having
Violent outburstes Tatums . How can I use that as evidence and show the judge.. Will I have to burn it video onto CD or can I put it on a usb memory .. Or? Thanks
A: David's Answer: Yes, you could potentially get the video into evidence, but would need to arrange that in advance with the Part Clerk. You would additionally need to lay a proper foundation for the entry of such evidence. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Violent outburstes Tatums . How can I use that as evidence and show the judge.. Will I have to burn it video onto CD or can I put it on a usb memory .. Or? Thanks
A: David's Answer: Yes, you could potentially get the video into evidence, but would need to arrange that in advance with the Part Clerk. You would additionally need to lay a proper foundation for the entry of such evidence. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
If I have custodial custody and want to move out of state.
Q: What can non custodial parent do to prevent it? (In NY)
A: David's Answer: The non-custodial parent can defend against your purported reasons for moving. Factors considered include the reasons for seeking or opposing the move, the quality of relationships between child and custodial and non-custodial parent, the impact of the move on future contact with the non-custodial parent, the degree the child's life may be enhanced economically, emotionally and educationally by the move, and feasibility of preserving the relationship between the non-custodial parent and child through suitable visitation arrangements. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: The non-custodial parent can defend against your purported reasons for moving. Factors considered include the reasons for seeking or opposing the move, the quality of relationships between child and custodial and non-custodial parent, the impact of the move on future contact with the non-custodial parent, the degree the child's life may be enhanced economically, emotionally and educationally by the move, and feasibility of preserving the relationship between the non-custodial parent and child through suitable visitation arrangements. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How can I get full custody of my 14year old child and change her last name to mine
Q: I have sole custody of my child her father doesnt care to be a father and my daughter insist I change her last name because she doesnt want his last name at all I want to do this. What should I do? Please I need some advice
A: David's Answer: You cannot generally change the child's last name without consent of the father. Your other adoption is to move to terminate his parental rights within the context of a step-parent adoption proceeding. If you wish to explore this route, then call a Bronx Child Custody lawyer to schedule a consult. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You cannot generally change the child's last name without consent of the father. Your other adoption is to move to terminate his parental rights within the context of a step-parent adoption proceeding. If you wish to explore this route, then call a Bronx Child Custody lawyer to schedule a consult. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I have sole legal and physical custody and the non custodial father has open and liberal visitations.
Q: My son is now 7 years old and since we had this type of child custody and visition agreement by court, he doesnt comply with the agreed times for visitation. He blocks my calls when he is with my son. He does not do home work with him or make sure his school work is done on his designated weekends. There has been many occations that he bails out last minute to pick up our child during agreed times, so i told him to go to court to file for visitation, since we cannot coordinate without arguing ... He states that i am taking him time away, which i do not feel is true... what are my rights as a sole legal and physical custody parent?? are sleep overs mandatory for non-custodial parent??
A: David's Answer: If you have an agreement with "agreed times," then its not him who'd need to go back to court to modify, it's you. My advise would be to file a modification petition & ask that the order incorporate times when you can call the child when he's not with you as well as penalties if he cancels visits for no reason (such as forfeiture of the next scheduled visit). Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If you have an agreement with "agreed times," then its not him who'd need to go back to court to modify, it's you. My advise would be to file a modification petition & ask that the order incorporate times when you can call the child when he's not with you as well as penalties if he cancels visits for no reason (such as forfeiture of the next scheduled visit). Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Need an attorney for child matter
Q: my nephew's dad got a court injunction to have sole custody while my sister wasn't in the US. Now the boy is here in the US and the father picked him based on the court injunction in conjunction with the cops. My sister is not here in the USA, what do I do?
A: David's Answer: Ultimately you can't do anything, as you're not the biological parent of the child. You should encourage your sister to come back to the U.S. asap & challenge the custody order. Schedule a consult with Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Ultimately you can't do anything, as you're not the biological parent of the child. You should encourage your sister to come back to the U.S. asap & challenge the custody order. Schedule a consult with Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My ex just informed me that as of now drop offs will be at a precinct. does this change to a stipulation require a court order?
Q: As per the stipulation he is required to drop off our 4.5 year old son at my home.
A: David's Answer: If the stip was incorporated into a court order/judgment, then yes. The only way to change a court order is by going back to court. Schedule a consult with a NYC Child Custody lawyer for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If the stip was incorporated into a court order/judgment, then yes. The only way to change a court order is by going back to court. Schedule a consult with a NYC Child Custody lawyer for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, March 11, 2015
Im in a custody battle now and have been in the past with my wife how can I personally request my right to a speedy trail?
Q: 2013 she just stopped showing up to court and disappeared. I want to prevent it from happening again. What can I do? Im exhuasting any resource I can so please pardon my ignorance of the law or this site.
A: David's Answer: Your do not technically have a "right to a speedy trial" in Family Court - that doctrine only applies to criminal cases. That said, you can certainly remind the Judge or Referee of her past procedural behavior & ask for the case to be expedited as swiftly as possible. You can also ask that she be monetarily sanctioned if she fails to appear without good cause. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Your do not technically have a "right to a speedy trial" in Family Court - that doctrine only applies to criminal cases. That said, you can certainly remind the Judge or Referee of her past procedural behavior & ask for the case to be expedited as swiftly as possible. You can also ask that she be monetarily sanctioned if she fails to appear without good cause. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My ex has visitation every other weekend. New gf watches baby! I'm so mad. Please help!
Q: We have joint custody. My ex husband has visitation every other weekend. He comes with his new fiancé he cheated on me with, to pick up our baby. I do not want her coming to my house to pick up my baby. Is there anything I can do!??!? I know I can't stop him from being in a relationship, I'm not trying to, but I don't want to see her!
A: David's Answer: Joint Custody presumes you & the father will have frequent & meaningful consultations regarding the child. Thus, your first step should be to raise your concern to the father. If he shuts you down, then capture your concerns in a follow-up letter with him. Then start keeping a paper-trail. This in & of itself won't provide a basis to modify joint custody, but if combined with several others instances of a failure to effectively communicate, it may eventually. Schedule a consult with a NYC Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Joint Custody presumes you & the father will have frequent & meaningful consultations regarding the child. Thus, your first step should be to raise your concern to the father. If he shuts you down, then capture your concerns in a follow-up letter with him. Then start keeping a paper-trail. This in & of itself won't provide a basis to modify joint custody, but if combined with several others instances of a failure to effectively communicate, it may eventually. Schedule a consult with a NYC Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, February 28, 2015
Who has to pay for the child to visit the other parent?
Q: I left my child's father because of domestic abuse. Now he has filed legal proceedings against me and our child is to go visit him. I do not work and he does, but my lawyers are informing me that I have to pay for her round trip ticket. He is in NY.
A: David's Answer: It depends on whether you moved out-of-state without first getting court permission. If you did, then most likely you'll be either made to pay for the visitation or you'll need to move back. That said, you should immediately file for child support if you haven't already. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: It depends on whether you moved out-of-state without first getting court permission. If you did, then most likely you'll be either made to pay for the visitation or you'll need to move back. That said, you should immediately file for child support if you haven't already. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, February 21, 2015
How can I let my child's mother have long distant visitation without changing my custody decree or legal leverage?
Q: I have had sole and legal custody of my child for over four years. The court gave me custody with the explicit instruction that my child’s mother is to have supervised visitation—the court gave me the power to designate the supervisee. Now, my child’s mother lives several states away. It is difficult for her to have visitation when she lives so far away. (I don’t believe she’ll put him in harm’s way.) She does not have any legal or customary visitation, aside from what I mentioned. How can I let her have visitation over the summer without being in contempt of court, and still maintain my leverage? I am doing this because my son wants to see his mother, and I’m tired of battling her in court; It’s becoming expensive. I am willing to hire any lawyer for a reasonable price.
A: David's Answer: You'd either need to agree on a supervisor of the visits while the child is with her in the other state, or you'd need to go back to court. You can always be the one to file the modification petition - and she can potentially file a request to appear by phone. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You'd either need to agree on a supervisor of the visits while the child is with her in the other state, or you'd need to go back to court. You can always be the one to file the modification petition - and she can potentially file a request to appear by phone. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Friday, February 20, 2015
My ex wife is trying to obtain sole custody of our 8 year old.
Q: My ex is trying to obtain sole custody of our child. We have a trial coming up soon. We currently have joint legal custody. She is saying she wants sole custody because we cant communicate. I have offered many times to go to mediation she refused. Will I loose my rights to my son because she feels we can't communicate.
A: David's Answer: Often times this turns on an assessment of what proof she has of the breakdown in communication. If it's the fault of both of you, then the Judge is likely to give sole custody to one parent or the other. That said, you won't "lose your rights" as you would potentially only be affected by a modification of decision-making (unless additional issue are raised in the petition). Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, February 14, 2015
My child is 1 yrs old. Can I loose custody bc of this accident
Q: We have a one year old son. Joint custody since he was born. He has overnight weekend visitations at his dads house. He fell down 4 stairs when he was 10 months, learning to walk. I took him to the hospital and they found a hairline fracture. It healed on its own & he was released in my care two days later. Cps found me "indicated" on lack of supervision and inadequate guardianship. I forgot to lock the gate blocking the stairs and it was an accident. I have 2 other children 7 years and 9 years. They are healthy. I got served today bc their dad is seeking custody. Can I loose custody? I care for our child all week & have always been his main caregiver.
A: David's Answer: First, I'd advise to contest the indicated finding by requesting a fair hearing. If it was truly an accident, the report should've been unfounded. And while the facts underlying the indicated finding may be admissible in the custody case, it'd be one factor among many other the court will need to assess. As such, you should schedule a consult with a NYC Child Custody attorney to review your case. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: First, I'd advise to contest the indicated finding by requesting a fair hearing. If it was truly an accident, the report should've been unfounded. And while the facts underlying the indicated finding may be admissible in the custody case, it'd be one factor among many other the court will need to assess. As such, you should schedule a consult with a NYC Child Custody attorney to review your case. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, February 11, 2015
HELP with custody, Is there anything I can do??
Q: I was married with a man and we had a baby together, she is 3yo and I divorced him almost 2 years ago. I am married with another man now for 8 months. He is a good man and provided for m and my daughter. A month ago there was an incident between my ex and my husband,my ex came home to visit the baby and started a fight (in our apartment) and my husband punched him. Police came and my ex lied and then the police took my husband to jail. We had to pay a fine and he is free now but he still has charges pending. Now my ex has a restriction order against my husband and brought me to court asking for our daughter full custody because my husband has "anger management" problems and is violent and that our daughter is in danger. I am lost and I dont know what to do :( I dont want to loose my baby
A: David's Answer: First, in any contested custody case you're well-advised to retain a lawyer sooner rather than later. You should consider filing a counter-petition for increased child support, especially if it hasn't been adjusted within the last 3 years. Obviously the sooner your husband's criminal case can be resolved (& in his favor), the better. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: First, in any contested custody case you're well-advised to retain a lawyer sooner rather than later. You should consider filing a counter-petition for increased child support, especially if it hasn't been adjusted within the last 3 years. Obviously the sooner your husband's criminal case can be resolved (& in his favor), the better. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My ex wants to modify my visiting our for every other weekend, however I do work one day a weekend and as far Im aware she isnt
Q: my ex wants to modify my visiting our for every other weekend, however I do work one day a weekend and as far Im aware she isnt. My fiance already takes care of day way more than she is even in titles to. She just wants to help out. My ex however takes advantage of that. I already do at least 2 sleepover and one whole day during the week and one whole day during the weekend. If she works on the weekends. If she wants to requre every other weekend then will my child support change because I would need to hire a babysitter? Please advise...
A: David's Answer: I'm not sure how having your visitation on alternate weekends would change your fiancé's ability to care for the child while you're at work. The overriding philosophy behind parental access is that the time should be for the parent - thus if the other parent is available to care for the child, s/he should do so, not your fiancé or a babysitter. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure how having your visitation on alternate weekends would change your fiancé's ability to care for the child while you're at work. The overriding philosophy behind parental access is that the time should be for the parent - thus if the other parent is available to care for the child, s/he should do so, not your fiancé or a babysitter. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How do i file a motion of continuance for temporary custody in bronx, ny
Q: I was granted temporary custody of my grandchild who is 10 years of age, he has a lot of mental issues and needs to be re-evaluated
A: David's Answer: I'm not sure from this what you're looking for a continuance on - is a trial scheduled & you're looking to postpone it? If yes, then generally if he was already evaluated by a court-appointed forensic psychologist, then you're not entitled to put off a trial merely because you want another one done. That said, your method to try doing so would be an order to show cause. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure from this what you're looking for a continuance on - is a trial scheduled & you're looking to postpone it? If yes, then generally if he was already evaluated by a court-appointed forensic psychologist, then you're not entitled to put off a trial merely because you want another one done. That said, your method to try doing so would be an order to show cause. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How difficult would it be for a mother to get her child biological fathers
Q: How difficult would it be for a mother to get her child biological fathers parental rights terminated for abandonment, because the father has not tried to see her daughter in two years? The mother never filed for child support, does not need welfare or state finical assistance. The mother does not want to get another person to legally adopt her child.
A: David's Answer: If you're not trying to do a step-parent adoption, then it's impossible as there's no mechanism for same under NY law. Your remedy would be to contact your state representative & advocate for a change to the law. Schedule a consult with a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If you're not trying to do a step-parent adoption, then it's impossible as there's no mechanism for same under NY law. Your remedy would be to contact your state representative & advocate for a change to the law. Schedule a consult with a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, February 4, 2015
As we have filed many motions regarding custody in family court, can we file a motion for mental abuse on the courts for
Q: Judges not making a timely decision? This circus ride is stale, we want off, or it needs to stop. Its pretty bad when your own attorney says he doesn't understand it. when we had the upper hand in this case the whole time
At the end of the day who really cares about the best interests OF the Children, as someone is disobedient to all court orders, and irrefutable evidence against them , years of pain from alienation, court makes custody a battle when its not for the moral parent
A: David's Answer: Well, you can't file a motion against the Judge, if that's what you're suggesting. You can always try filing a complaint against the Judge with the Commission of Judicial Conduct or the NYC Mayor's Committee on Reappointment of Judges. It should be very specific and well-documented. You should also consult a lawyer on the questions, as if you're wrong, it could have substantial blow-back on you. Call a NYC Child Custody attorney to schedule a consult for a 2d opinion. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Additional information
At the end of the day who really cares about the best interests OF the Children, as someone is disobedient to all court orders, and irrefutable evidence against them , years of pain from alienation, court makes custody a battle when its not for the moral parent
Visitation hearing..
Q: I have a visitation hearing today, grandparents visitation with no established paternity.. im not able to make it to the courts due to the snow storm cancelled all flights i tried to call the courthouse no answers they never really answer , what can happen?
A: David's Answer: You're best advised to try faxing a letter under these circumstances - it may not be enough to get an adjournment, but it's better than nothing. The Court could proceed in your absence & issue an order on your default - you would then need to file a motion to vacate your default. Schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You're best advised to try faxing a letter under these circumstances - it may not be enough to get an adjournment, but it's better than nothing. The Court could proceed in your absence & issue an order on your default - you would then need to file a motion to vacate your default. Schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can child call NCP on their own phone (even CP pays bill) while in CP custody?
Q: I am CP of 5 year old. NCP has visitation by court order. Order states each parent to have reasonable access by phone to each parent...I opened up a phone line on my account because we both have OP's and was told that I was not allowed to have child call NCP from phone because of "uninterrupted parenting time" and that child could not call me from same phone while with NCP? Hours later NCP new girlfriend texts me harassing me...would third party involvement be enough to violate for OP?
A: David's Answer: First, I'm not sure who "told you" that child couldn't call NCP as same seems contradictory to the order allowing for phone access. How else would the NCP speak to the child over the phone if s/he can't call your house? In any event, of the OP contains a provision restricting third-party contact, then yes, presumptively the OP was violated via the text. Call a Bronx Child Custody attorney to schedule a consult for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: First, I'm not sure who "told you" that child couldn't call NCP as same seems contradictory to the order allowing for phone access. How else would the NCP speak to the child over the phone if s/he can't call your house? In any event, of the OP contains a provision restricting third-party contact, then yes, presumptively the OP was violated via the text. Call a Bronx Child Custody attorney to schedule a consult for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Question about non consecutive vacation week with a child during summer time and cumulating with parenting time?
Q: I have a custody judgement that says: "Each party shall have up to 2 weeks during summer. Until September 2016, each parent shall have up to 2 non-consecutive one-week of vacation periods."
From my understanding vacation time doesn't remove parenting time.
Best
D.
Additional information
My ex wife won't agree to anything, she just goes by Court Orders. I am just wondering it the Court Order itself allows me to do that. The Order says the "vacation time supersedes regular schedule"
A: David's Answer: My preliminary thoughts are that this would run afoul of the agreement. "Two consecutive weeks" would include the weekdays so it can't merely be "broken-up" by a mere weekend. That said, I'd prefer to see the agreement to render a definitive opinion. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Could I do something like that: Friday 5pm to Friday 5pm. This later is the beginning of my parenting time until Sunday 5pm. Have the second week from Sunday 5pm of the same weekend (end of my parenting time) until next Sunday 5pm. Therefore it will be 1 week, 2 days parenting time and 1 week.
Best
D.
Additional information
My ex wife won't agree to anything, she just goes by Court Orders. I am just wondering it the Court Order itself allows me to do that. The Order says the "vacation time supersedes regular schedule"
A: David's Answer: My preliminary thoughts are that this would run afoul of the agreement. "Two consecutive weeks" would include the weekdays so it can't merely be "broken-up" by a mere weekend. That said, I'd prefer to see the agreement to render a definitive opinion. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
There are no set custody terms in my divorce. Who decides when I can see my child?
Q: New York Supreme, New York County has granted me a decree of divorce with no set custody or visitation agreement in place. My Ex, who has physical custody is demanding I take our child at certain times, As there are no established times, who shall decide when and for how long I can take my son?
A: David's Answer: Visitation cannot be forced upon the custodial parent. If there's no set schedule, then visitation is "as agreed upon" - thus, if there's no agreement, you'll need to either present the issues to a mediator or go back to Court. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Visitation cannot be forced upon the custodial parent. If there's no set schedule, then visitation is "as agreed upon" - thus, if there's no agreement, you'll need to either present the issues to a mediator or go back to Court. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
What Does "Final Decision Making Authority" in a co-parenting stipulation allow?
Q: I was given "Final Decision Making Authority" in the agreement signed off by my husband, though the passports are to be held by the court for three years, and are put in his care at the end of that term.
Since I have "Final Decision Making Authority" does that allow me to travel with the children wherever and whenever I decide to?
The Only travel mentioned in the agreement is his travel to Canada with the children to see their grandparents.
This case is still in front f New York County Supreme Civil court. The Custody visitation was settled with this agreement, but financial is not yet resolved.
Since I have "Final Decision Making Authority" does that allow me to travel with the children wherever and whenever I decide to?
The Only travel mentioned in the agreement is his travel to Canada with the children to see their grandparents.
This case is still in front f New York County Supreme Civil court. The Custody visitation was settled with this agreement, but financial is not yet resolved.
A: David's Answer: Usually with joint custody, you're required to fully discuss such issues with the non-custodial parent. If you propose to travel abroad and he unjustifiably withholds his consent, then you'll need to present the issue to either a mediator or Judge. Schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, January 24, 2015
If a man get a women pregnant, how difficult would it be for him to get custody
Q: If a man get a women pregnant, how difficult would it be for him to get custody of his new born daughter, if the mother validates the fathers court order visitation rights. He files for custody of his daughter when she is less than two days old. The father has the skills to raise his newborn daughter in the close nit family structure of the 1950’s properly under official Italian rules.
A: David's Answer: Numerous factors would need to be assessed to determine odds of winning custody, such as whether any domestic violence existed, the mother's relative positives/negatives, whether the father has any negatives, respective household environments & financial ability to support the child, etc. You're best advised to schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Numerous factors would need to be assessed to determine odds of winning custody, such as whether any domestic violence existed, the mother's relative positives/negatives, whether the father has any negatives, respective household environments & financial ability to support the child, etc. You're best advised to schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
If I have sole legal custody does my ex have any say in changing my daughters therapist?
Q: My ex doesnt agree that my 10 yr old daughter isn't ready to meet his girlfriend/fiance (one year after he walked out on us). She has been going to a therapist, she agrees as well. My ex is insisting she is and wants to change the therapist, basically to get his way and force the introduction. Can he do this?
A: David's Answer: If you have sole custody, and the only reason he's requesting a change of therapist's is because she doesn't recommend her meeting his girlfriend, then you're well within your rights to refuse to do so. Indeed, changing therapist's is quite a serious decision as it may disrupt the flow of therapy & should be done hastily. You're well-advised to simply capture in an e-mail the father's reason for the requested change and policy decline the invitation. Schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
If you're not married what rights does the father have towards the baby ? I want to break up with my boyfriend , he's no help
Q: It takes me to nag for him to do something , he gets mad & grabs his leg or something when the baby cries & everytime I try telling him to leave (I'm still living with my mom saving up money to live on my own with my son) he gets physical & grabs me up & starts cursing me out then says he's gonna take me to court to have full custody. Can he do that ? I'm working, I wake up in the middle of the night to take care of him. I don't mind I love the baby more than anything & I know we will be better off without his father but I don't want the court granting him custody cause his mother would be taking care of my son when I could be raising my own baby.. He signed the birth certificate by the way, my son is 2months..
A: David's Answer: Whether you're married or not does not affect his rights to visitation - or to request custody. You should therefore strongly consider filing a petition for custody, child support as well as an order of protection. Call a NYC Child Custody attorney to schedule a consult. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Whether you're married or not does not affect his rights to visitation - or to request custody. You should therefore strongly consider filing a petition for custody, child support as well as an order of protection. Call a NYC Child Custody attorney to schedule a consult. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Grandparents visitation?
Q: Can I get grandparents visitation dismissed for the fact that there is so much disharmony between families because of the paternal grandparents I have emails for proof. Also the father is not in the child's life.
A: David's Answer: Generally contested factual allegations warrant a trial. You may try a series of pre-trial disclosure methods, including interrogatories, and perhaps move for summary judgment depending on the answers. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Generally contested factual allegations warrant a trial. You may try a series of pre-trial disclosure methods, including interrogatories, and perhaps move for summary judgment depending on the answers. Schedule a consult with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, January 17, 2015
Court ordered forensic eval for custody both parents. Psychologist diagnosed one mentally ill, did not adhere to APA standards
Q: MD testified to stress disorder, psychologist crossed and could not confirm 4 or 5 points no tests done. What legal remedies
A: David's Answer: First, unless the MD is also in the APA, s/he is not necessarily bound by their guidelines or ethical principles. Nevertheless, no lawyer can responsibly opine whether the mental health professional violated some code without a full review of the testimony and report. Moreover, if your aim is to sue or file a complaint, you'll likely need the opinion of another forensic psychologist/psychiatrist to opine that the 1st one's report or opinion were so far afield as to be unethical. For a full assessment, schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: First, unless the MD is also in the APA, s/he is not necessarily bound by their guidelines or ethical principles. Nevertheless, no lawyer can responsibly opine whether the mental health professional violated some code without a full review of the testimony and report. Moreover, if your aim is to sue or file a complaint, you'll likely need the opinion of another forensic psychologist/psychiatrist to opine that the 1st one's report or opinion were so far afield as to be unethical. For a full assessment, schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
It seems that the entire court system is favoring my daughters father. he who knew about my daughter since i was pregnant
Q: he decided to get involved in her life at age 2. now i have been in and out of court for a year now and they keep granting him everything he asks for... my word doesnt matter. i have raised my daughter alone even though he knew she was in this world. why does it seem like he gets to make all the decisions now that he wants to get involved. now he is trying to take her from me. so she can be raised by him and his girlfriend whom he has my daughter calling mom
A: David's Answer: One would need to know more of the facts to full assess what course you need to take. At the least, it sounds like you can benefit from having a good lawyer representing you. Call a NYC Child Custody attorney to schedule a consult. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: One would need to know more of the facts to full assess what course you need to take. At the least, it sounds like you can benefit from having a good lawyer representing you. Call a NYC Child Custody attorney to schedule a consult. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
This is a modification of parenting plan issue. At a hearing for temp order the other party brought up the fact that I did not
Q: live in the state so the 2 days per week visit was a moot point. The Commissioner and I agreed and removed this. It was crossed out in pp. A week later at hearing the other parties attorney had written in pp those same 2 days per week added in. This was a set up. AT trial the judge goes found it horrible mother didn't exercise visitation in the 7 mos. There was not any as far as I was concerned and court. I signed the parenting plan not realizing this was in their. I mean we just elected to remove it. Is it still considered an act of misrepresentation by other party even if I signed it. I mean the act of it is still to set someone up. Nowhere in transcript does it say to add these 2 days back in.
Additional Information:
To attorney responded below: I live in another state or did. I was out here last year for the temp hearing and have since moved here. But when I got out here and asked for visitation attorney writes J did not think u would want any as you didn't ask for any in the last 7 mos. There wasn't any, I lived out of state. Come to find out it was added as explained above. And it was written on final parenting plan judge finds it horrible I didn't exercise visitation in those 7 mos.Well Commissioner and I elected to remove the 2 days per week. It was never ordered in by the Commissioner after we elected to remove it. The attorney did this and that was the set up. The act is still a set up right even though signed? However, never signed the final temp order at 2 week hearing, that was telephonic. In fact attorney never sent me the parenting plan prior to that.
Additional Information:
To attorney responded below: I live in another state or did. I was out here last year for the temp hearing and have since moved here. But when I got out here and asked for visitation attorney writes J did not think u would want any as you didn't ask for any in the last 7 mos. There wasn't any, I lived out of state. Come to find out it was added as explained above. And it was written on final parenting plan judge finds it horrible I didn't exercise visitation in those 7 mos.Well Commissioner and I elected to remove the 2 days per week. It was never ordered in by the Commissioner after we elected to remove it. The attorney did this and that was the set up. The act is still a set up right even though signed? However, never signed the final temp order at 2 week hearing, that was telephonic. In fact attorney never sent me the parenting plan prior to that.
A: David's Answer: You'd need to file a motion/petition to modify, explaining your reasons. The quicker you move to modify, the more likely it'll be modified based on mistake of fact. Schedule a consult with a NYC Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How do I prove myself at a 1028 hearing?
Q: My daughter was taken away from me because I was in a domestic violence relationship and CPs are saying that my daughter was present every time i was abused and they twisted my words saying I admitted to her being there and being scared of him. In all actuality she's just a jealous baby who doesn't like anyone touching her mother. I have enrolled myself in dv counseling and parenting classes and I am willing to go into a dv shelter with her as well. He recently found me at my location and got into a physical altercation and I filed a police report but ACS doesn't believe me that he was not invited here How can I prove that I am no longer in contact with him and do anything to stay away from him
A: David's Answer: Generally ACS cannot take you child away merely because you were a domestic violence victim - there was federal litigation to this effect (Nicolson v. Scopetta). You can't really prove a negative (that you don't have contact with him), but you can prove you've enrolled in programs and are cooperative with anything ACS recommends. Schedule a consult with a Bronx Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Generally ACS cannot take you child away merely because you were a domestic violence victim - there was federal litigation to this effect (Nicolson v. Scopetta). You can't really prove a negative (that you don't have contact with him), but you can prove you've enrolled in programs and are cooperative with anything ACS recommends. Schedule a consult with a Bronx Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
We have joint custody but he refuses to communicate. Can I change it to me having sole custody bc his refusal to communicate?
Q: Our child is one. We have "joint custody". It's been a year & I do everything alone. He has visitation every other weekend. He takes our child to his house. He has a new girlfriend and completely cut us out. ( besides him picking up our baby on the weekend visitation )
•when our baby is sick I text him the medications he's on & no answer or concern
•when I have a question about our child, no answer
•when I call and text him to take the baby to the doctor bc I can't take off of work, no answer
•when our baby was 10 months old & the doctor suggested early intervention, I called & texted him the info & for his input... no answer, no concern
He completely cut out communication with me, about his son. What can I do? Can I change it to me having sole custody bc his refusal to communicate
•when our baby is sick I text him the medications he's on & no answer or concern
•when I have a question about our child, no answer
•when I call and text him to take the baby to the doctor bc I can't take off of work, no answer
•when our baby was 10 months old & the doctor suggested early intervention, I called & texted him the info & for his input... no answer, no concern
He completely cut out communication with me, about his son. What can I do? Can I change it to me having sole custody bc his refusal to communicate
A: David's Answer: Depending on your proof of the lack of communication, I'd say this warrants a modification. That said, I always advise to follow-up calls/texts with e-mails or letters - they are better proof in court. Schedule a consult with a NYC Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, January 10, 2015
Relocation
Q: My son's father took me to court for visitations. He is seeking joint custody as well.So far he was awarded visitation rights. I am my son's primary care taker. I am looking to relocate. I am curious if there's anyway I can move to NC from NY and ask that the case be moved out there in the mean time?What are my rights as the custodial parent?
A: David's Answer: If there's already an order emanating from NY, then generally you cannot move venue. As to whether you'll prevail in a relocation case depends on an assessment of numerous factors, including how involved the father is in the child's life as well as your reasons for relocating. Schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If there's already an order emanating from NY, then generally you cannot move venue. As to whether you'll prevail in a relocation case depends on an assessment of numerous factors, including how involved the father is in the child's life as well as your reasons for relocating. Schedule a consult with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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