Q: We have two children together aged 9 and 13, he claims I am not fit to bring up the children (not true) I have no transport and live 2hrs from any family. How do I get him to leave because it is not going to be easy and i am scared of him. Can you help?
A: David's Answer: If you're married, you can file an application for exclusive occupancy. If you're not married, then the question would be: who is on the lease? If you're both on the lease, then you both have a legal right to possession of the premises until the lease runs out. Thus, you'd either need to wait it out or consider removing yourself from the premises. Either way, you're best advised to file a petition for custody of the children prior to separating. Schedule a consult with a NYC Child Custody lawyer for more info. -- 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.
Friday, May 30, 2014
Saturday, May 24, 2014
Can I get visitation rights?
Q: Ok I'm going to be honest I haven't been the best father, I don't visit my child because the child's mother and I agreed to give the grandmother temporary custody and she only allows me to visit him at her house but I'm very uncomfortable there. I also haven't been supporting him because I'm unemployed, but she said she want me on child support. Honestly I feel guilty. Is there a way I can get visitation when I can get my son and take him out for a few hours to take him to eat, or my family house, or just spend time together me and him because I'm not comfortable around his mother and her family. It's not fair my child doesn't know my part of the family. I'm unemployed but I'm looking for work and I don't use drugs or have felonies. Can I get rights to take him for a few hours?
A: David's Answer: You'd ultimately need to file a petition fir visitation. Depending on how long it's been since you've visited with the child, it's possible the Judge may want you to do some supervised visits at an agency to re-build the relationship you once had with your son. Call a Bronx Child Custody lawyer to schedule a consult for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You'd ultimately need to file a petition fir visitation. Depending on how long it's been since you've visited with the child, it's possible the Judge may want you to do some supervised visits at an agency to re-build the relationship you once had with your son. Call a Bronx Child Custody lawyer to schedule a consult for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, May 21, 2014
My daughters father gets visitation but I have some issues with the arrangement, what can I do?
Q: He gets every other weekend and tuesdays and thursdays after school. He's supposed to drop her off at 7 with homework complete according to court documents but he's always late and hw never complete. I have to force to stay on weekends, even when she calls to pick her up. He lies and tells her he'll take her home and has her dressed and lets her sleep that way. SHe tells me he goes out at night sometimes with his gf and leaves her, her 10 old sis with his gf's 14 yr old son for a few hours. He leaves her in the car with her 10yr old sis when he goes in the supermarket. These are a few things, what can I do?
A: David's Answer: You should file a petition to modify the visitation order. Depending on how old the subject child is, she may be able to corroborate these incidents with her attorney (once assigned). 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: You should file a petition to modify the visitation order. Depending on how old the subject child is, she may be able to corroborate these incidents with her attorney (once assigned). Schedule a consult with a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, May 17, 2014
Potential custody case, please help.
Q: Basically, my ex-girlfriend is expecting our first child and she is going to court to make up a whole load of stories about me to prevent me from getting access to my child. She is saying the following:
1. I will not be on the birth certificate, so I have no rights.
2. She is going to show courts evidence that we argued a lot.
3. Make out I am an unfit father.
Is there anything I can do? - I cannot afford an attorney and I am struggling to know what to do. Is there any way I can prevent this? - please offer me advice.
What action can I take?
A: David's Answer: You can't prevent her from filing a custody case, but what you can do is determine whether you wish to contest custody, or merely establish your visitation rights. Moreover, to counter allegations of unfitness, one would need to know the exact nature of the allegations to better strategize on a defense to same. Schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
1. I will not be on the birth certificate, so I have no rights.
2. She is going to show courts evidence that we argued a lot.
3. Make out I am an unfit father.
Is there anything I can do? - I cannot afford an attorney and I am struggling to know what to do. Is there any way I can prevent this? - please offer me advice.
What action can I take?
A: David's Answer: You can't prevent her from filing a custody case, but what you can do is determine whether you wish to contest custody, or merely establish your visitation rights. Moreover, to counter allegations of unfitness, one would need to know the exact nature of the allegations to better strategize on a defense to same. Schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Is there a case law or previous ruling where nyc family court upheld a custody order from another state that was issued 4 month
Q: i was recently awarded physical custody of my son from another state, all this transpired because the mother of my child doesn't want me or my wife to be a part of his life, so she decided to relocate to Indiana. she also suggested a modified visitation plan where i would get him 3 times a year. After being awarded custody she has filed emergency petitions and a petition for reconsideration of custody. She filed in out of state court and in NY at the same time. out of state denied her request for reconsideration. When she filed in NY i see she is now claiming the following New York Family Court act 1012 e,f,h. which is not true, she is trying to make it difficult for our son to be happy here. She doesn't want to co-parent. the 8 months i had my son we have had 4 phone conversations
A: David's Answer: Generally NY will recognize custody orders issued from another state. However, there must be a determination that the other state had proper jurisdiction - both proper service of the summons as well as jurisdiction under the UCCJEA. You're best advised to 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: Generally NY will recognize custody orders issued from another state. However, there must be a determination that the other state had proper jurisdiction - both proper service of the summons as well as jurisdiction under the UCCJEA. You're best advised to schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can't get Custody of Grandson after 2 years of court appearances. 2 ICPC approvals in GA and NYC to return child.
Q: My grandson was taken by cps after my daughter became ill while visiting NYC. Attorney for child disputes everything and still wants the child put up for adoption. I have guardianship of his youngest brother here in Georgia. Have been flying to New York for court appearances with daughter and have exhausted funds to continue. Permanency hearing May 23rd in which the child' attorney is opposing me having custody....again. I was told if I don't re-file for custody after pulling the petition that the child will be put up for adoption.....I feel bullied and after 2 years I am broken emotionally and physically. How much proving has to be done to bring a child home? I live in Atlanta and he is in Georgia in foster care. I was told I would never be capable of filing for custody again.
A: David's Answer: Ultimately the Court will generally need to hold a trial on the custody issue. But to do that, you'll need an actual custody petition pending before the Court. What are the reason(s) the Attorney for the Child is objecting to your custody application? You're best advised to 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: Ultimately the Court will generally need to hold a trial on the custody issue. But to do that, you'll need an actual custody petition pending before the Court. What are the reason(s) the Attorney for the Child is objecting to your custody application? You're best advised to schedule a consult with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can a 9 Year Old Submit an Affidavit to Court?
Q: A court ordered Attorney for the Children has claimed that her clients stated "The Father Is Mean" yet both children state that they have never made such an allegation.
This Court appointed lawyer has a history of manufactured testimony to help her favoured party in cases. She is also currently in front of a federal court for prolonging litigation for her own financial gain.
Is an affidavit from a 9 year old admissible to court? As the 9 year old client is the only one who can refute the false statements of the attorney for the children.
If a Lincoln hearing occurs, I'd expect that the Attorney for the Children would intimidate her clients rather than represent them.
A: David's Answer: There are multiple problems with your proposal to solicit an affidavit from one of your children. First, most Judges admonish parents not to discuss the custody issues with the children. If you're representing yourself, how can you adhere to that admonishment & still solicit the affidavit? If you're represented by an attorney (as you should be) then the attorney cannot communicate with the child - including soliciting an affidavit - so long as s/he is represented by counsel. But let's say you're representing yourself & were never admonished to refrain from discussing the case with the child - do you really think an affidavit from the child would directly contradict the Attorney for the Child? Especially when the Attorney can simply say "that's what the child told me when I interviewed him/her" - and there's no other witness to that conversation (since it would've been held in the privacy of the attorney's office)? There are better ways of handling the case rather than going to war with the Attorney for the Child (as a general rule). If you're not represented, then at the least you should sit down with an experienced NYC Child Custody lawyer at a consult to determine "best steps." -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
This Court appointed lawyer has a history of manufactured testimony to help her favoured party in cases. She is also currently in front of a federal court for prolonging litigation for her own financial gain.
Is an affidavit from a 9 year old admissible to court? As the 9 year old client is the only one who can refute the false statements of the attorney for the children.
If a Lincoln hearing occurs, I'd expect that the Attorney for the Children would intimidate her clients rather than represent them.
A: David's Answer: There are multiple problems with your proposal to solicit an affidavit from one of your children. First, most Judges admonish parents not to discuss the custody issues with the children. If you're representing yourself, how can you adhere to that admonishment & still solicit the affidavit? If you're represented by an attorney (as you should be) then the attorney cannot communicate with the child - including soliciting an affidavit - so long as s/he is represented by counsel. But let's say you're representing yourself & were never admonished to refrain from discussing the case with the child - do you really think an affidavit from the child would directly contradict the Attorney for the Child? Especially when the Attorney can simply say "that's what the child told me when I interviewed him/her" - and there's no other witness to that conversation (since it would've been held in the privacy of the attorney's office)? There are better ways of handling the case rather than going to war with the Attorney for the Child (as a general rule). If you're not represented, then at the least you should sit down with an experienced NYC Child Custody lawyer at a consult to determine "best steps." -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Percent of men winning custody
Q: I reviewed a sample of 95 appellate New York State cases involving custody. 57 % of the time, the lower court awarded custody to the father. 93 % of the time, the appellate court affirmed the lower courts decision. Roughly 75 % of the time the courts followed the opinion of the forensic report. Does this comport with your general experience?
A: David's Answer: Preliminarily, are you doing research for an article you're writing, or are you involved in an actual court case? If the former, getting anecdotal evidence from a few attorneys may be a bad way to do research. That said, your stats do not comport with my experience. I'd probably reverse the percentages & say mothers win roughly 2/3 of the time. I also do not believe the % of affirmance on appeal is quite that high - it's probably around 60-70% or so (one must count not just reversals, but also remittals & modifications on appeal). -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Preliminarily, are you doing research for an article you're writing, or are you involved in an actual court case? If the former, getting anecdotal evidence from a few attorneys may be a bad way to do research. That said, your stats do not comport with my experience. I'd probably reverse the percentages & say mothers win roughly 2/3 of the time. I also do not believe the % of affirmance on appeal is quite that high - it's probably around 60-70% or so (one must count not just reversals, but also remittals & modifications on appeal). -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, May 14, 2014
What is meant when a lawyer tells you that he can see a favorable decision but they are in for a fight, or a lot of hard work?
Q: My lawyer told me that he can see a favorable decision regarding a misdemeanor, but that we have to be prepared for a long fight, or a lot of hard work? Is he referring to the filing motions, research, begging the prosecutor or what?
My lawyer is a legal aid and he just told me its going to be a lot of hard work, and for me to be prepared for a long battle if need be. I did ask him what that mean but that was the answer.
A: David's Answer: You filed this under the category "Child Custody," which usually does not involve "misdemeanors." Are you sure you filed this under the right category? That said, your lawyer could mean any of the things you indicated. You may wish to schedule an appointment to meet with him/her & get clarification. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Additional information
A: David's Answer: You filed this under the category "Child Custody," which usually does not involve "misdemeanors." Are you sure you filed this under the right category? That said, your lawyer could mean any of the things you indicated. You may wish to schedule an appointment to meet with him/her & get clarification. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Can you get custody of your child if he does'nt live with the mother, your paying child support & child is failing school?
Q: Can you get custody of your child if he does'nt live with the mother, your paying child support & child is failing school?
A: David's Answer: To answer your question definitively, one would need to know many more facts. For instance, if you are the father & the child doesn't live with the mother, with whom does the child live? How long has this living situation persisted? How old is the child? Do you have adequate accommodations for the child? Would the move to you home create great disruption in the child's life? Was there a prior custody order? What is your level of involvement with the child? You're best advised to 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: To answer your question definitively, one would need to know many more facts. For instance, if you are the father & the child doesn't live with the mother, with whom does the child live? How long has this living situation persisted? How old is the child? Do you have adequate accommodations for the child? Would the move to you home create great disruption in the child's life? Was there a prior custody order? What is your level of involvement with the child? You're best advised to schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, May 10, 2014
What happens if one does not contest child custody appeal?
Q: I've had physical custody in new York since divorce. When I remarried, my ex filed for custody. I cross petitioned to gain sole, since it had been joint. I won the case. I believe he will appeal. What happens if I don't contest the appeal, due to the cost?
A: David's Answer: He'll most likely win without a reply brief from you. I say "most likely" because the Appellate Court would still need to find merit to his position. If you financially qualify, you may apply for assigned counsel by the Appellate Division. If you're in the Bronx, the rules of procedure on the appeal are here: http://www.courts.state.ny.us/courts/ad1/Practi.... Call a Bronx Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: He'll most likely win without a reply brief from you. I say "most likely" because the Appellate Court would still need to find merit to his position. If you financially qualify, you may apply for assigned counsel by the Appellate Division. If you're in the Bronx, the rules of procedure on the appeal are here: http://www.courts.state.ny.us/courts/ad1/Practi.... Call a Bronx Child Custody attorney for more info. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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