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)
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, January 24, 2015
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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