Can custodial parent make doctor appointment during non custodial visitation day, even if they are with my wife?

Q: My former girlfriend keeps making appointments for my kids while I have them. We have alternate weekends and my wife is a great step mom to them. My baby mom always seems to make appointments while in my care without any regard to our agreement. Because they are with my wife and she is saying that I'm not home so she can do that because they are not with me, the order says Sundays till 7.00 pm. The other says nothing about whether if I'm home of not


A: David's Answer: You are best advised to file a modification petition so the order is clear that neither parent should make non-emergency appointments for the children during the other parent's time. To buttress your petition, you should compile a list of all the days you missed over the past several months due to these appointments. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

I have a son who was born in newborn and the mother was living with me in Montreal and never return . she file for sole custody

Q: It is a case of parental alienation , convention of late does not plied . she live in NY with green card and my son is us citizen , I am Canadian . is it possible to prove this and to have custody of my child in Montreal Canada


A: David's Answer: If she filed for custody here in New York, then you are best advised to call a NYC Child Custody lawyer to schedule a consultation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

I have a son that is 8 years old. I share custody of him with his mother, we do one week and one week.

Q: We share custody on terms we agreed without going to court. Now she wants to move out the state and take him. I am stressed and worried because I do not want to lose my son. Can she legally move out of state and take our son with her even though I am against it?


A: David's Answer: The short answer is no, she cannot move out of state without either your permission or a court order allowing her to relocate. If you believe the move is imminent, then my advise is to file a petition for custody. I also encourage you to schedule a consultation with a NYC Child Custody lawyer. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Racism...can family court do anything?

Q: Here is the problem....my friends ex (white guy) is becoming more racist by the minute to his ex girlfriend who is now with a black guy. He has had many comments about "his" kids being with "them" and since the birth of the child, graduated to telling the very young innocent minds of "his" children that new baby is NOT their sibling, and referring to the children as "monkeys". What's worse, is that they repeat this to their black siblings. It disgusts me to no end that this exists, I got tears typing that because I believe all children are beautiful. So my question is....can she get help?


A: David's Answer: The question will ultimately be how you prove he made those comments, as I would anticipate he would deny it if the issue were raised in court. Thus, I suggest to try to get him on tape using that language, or write a letter/e-mail to the mother & confront her with the comments and ask that she rectify the situation. I would try this route first before running in on a petition without proof. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

Can a custodial parent and step parent petition joint custody from a non custodial parent who never call or visit he make pymt

Q: I need quick order for passport he being vindictive due to child support pymt my son only know my husband as his dad not because of me the non custodial didn't want to be involve my son is 7yrs old . Should I petition sole or joint with my spouse . I was never married to the non custodial parent he is a married man I didnt know

Additional information

My husband who is my son's stepdad has been in my son life since my womb until present. I petition the noncustodial dad for sole custody but, I need joint so that my husband who is the stepdad to make decision in case of emergency health. And by doing this will I my child lose the child support pymts appointed by the courts by the non custodial parent. The non custodial parent said when I call him to sign the passport I knew one day you will call for this I begged you to take me out of child support and hanged up.my son has three sibling who he's never met because the non custody parent wants it like that. So instant should I do sole custody ,will they grant it due to all these circumstances .( CS PYMT are garnished wasn't voluntary). I need to travel in June I bought tickets already.


A: David's Answer: I would need more information as to why you feel you need your current husband added as a joint custodian." That said, if the biological father is barely involved, you may wish to consider having your husband adopt the child - though this would indeed serve to terminate child support. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

How can i cant a copy of my custody papers with out visiting the court houses?

Q: i have sole custody of my daughter and i need a copy of my custody papers. hopefully without going down to the court houses! is there any way possible i can do this?


A: David's Answer: I doubt that they will mail out the papers to you as the Clerk's Office usually needs to verify the ID of who is retrieving the records. Some Clerk's Office are very strict about this. Thus, you may wish to call the individual Clerk's Office & see what their alternative procedure is, if any. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Ex moved kids away. How can I get them back?

Q: My ex moved with our kids. I don't know where she is but I think she may be across the country. I'm supposed to see them weekly but I have not been able to contact her. She doesn't answer the phone and I do not have her new address. We went to court over this before when she filed to move cross country but then she told the judge she wasn't moving and now I can't contact her. How can I locate her and get my kids returned to the state?


A: David's Answer: How long ago did she move? I agree with the other poster - you should immediately contact a P.I. and/or police. You should also file a petition in court & ask the Judge to issue an arrest warrant. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)