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)
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.
Saturday, February 28, 2015
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)
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