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 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.
Monday, March 30, 2015
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)
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