Q: Hi I am in a custody battle an my daughters dad has her every Saturday what happens of she does not want to go on one of her schedule visits or if she wants to be picked up at a later time
A: David's Answer: Generally you would need to contact her father & see what he says. Many times children say they don't want to, say, go to school, or go to the Doctor, but they still go. If you intend to withhold the visit, there should be a very compelling reason, not merely "I don't feel like it." For a full assessment, schedule a consultation with a Bronx Child Custody lawyer. -- 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, November 2, 2013
I fear for my daughter's well-being! I'm going to court soon! As the father, what steps do I need to take for full custody?
Q: In July 2013, the my daughter's grandma took the initiative to get a DNA paternity test done. Ever since I've been making an effort to be in her life, sometimes taking her for the weekend or even a week at a time. The mother was not present. Last time I had my daughter, it was for a week before I started school. I also mentioned this to the grandma who was delegating our situation. In October, I discovered that the baby's mother has moved my daughter from a perfectly stable home to a homeless shelter. She refuses to let me see her and when I saw her yesterday, the baby looked distraught and traumatized. The mother is a drug/alcohol abuser, she came to my sister's home causing a scene under the influence. She had her 3-month boyfriend making threats and signing her birth certificate. Help!
A: David's Answer: You should certainly bring all your concerns to the Judge's attention. You should also ensure you're paying voluntary child support. You should also begin keeping a paper-trail with the mother, confirming things like access time. More definitive advice will come with a full assessment of your particular situation. I thus advise you to call a NYC Child Custody lawyer to schedule a consultation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You should certainly bring all your concerns to the Judge's attention. You should also ensure you're paying voluntary child support. You should also begin keeping a paper-trail with the mother, confirming things like access time. More definitive advice will come with a full assessment of your particular situation. I thus advise you to call a NYC Child Custody lawyer to schedule a consultation. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I sent my 8 year old son to see his mother who lives out of state and she won't return him. What should I do?
Q: I have a joint custody agreement with my sons mother. We were never married. She moved out of state and left my son with me. It's been two years and recently I moved out of state myself. This year she wanted to see him for his birthday and bought a plane ticket for him. He was supposed to return Sunday to continue school but now she isn't returning any calls and won't let me know what's going on. Is this kiddnapping? Should I call the police?
A: David's Answer: Before advising what you should do, I'd need more facts. Was the prior agreement reduced to a court order? What state issued the order? How long have you been living in NY? Was the order (assuming there was one) registered in NY? Did the prior agreement give you primary custody? The best thing you can do is schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Before advising what you should do, I'd need more facts. Was the prior agreement reduced to a court order? What state issued the order? How long have you been living in NY? Was the order (assuming there was one) registered in NY? Did the prior agreement give you primary custody? The best thing you can do is schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
What do you recommended an American father do?
Q: What do you recommended an American father do? His US born daughter was taken to Europe in violation of a US child custody order, and there was a nasty international child custody dispute involving the European mother of his daughter that lasted 16 years. The US State Department notifies him that his daughter now 18 wants to see her American father but wants to live in Europe with her European mother for the rest of her live. The US State department can make arrangements for him to see his daughter, but the first meeting would be held at the American embassy in Europe and he will also have to deal with his European ex wife. He has not seen his daughter in the last 16 years. The US State Department informs him that the European mother will not be extradited to the United States face criminal charges in the United States.
A: David's Answer: She's 18 & thus an adult. She gets to decide whether she sees you or not. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: She's 18 & thus an adult. She gets to decide whether she sees you or not. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Divorce custody
Q: divorce has been finalized and child custody also. How soon I can petition the court for change of custody?
A: David's Answer: There is no time frame - as soon as there are facts sufficient to demonstrate a change of circumstances warranting the modification. For a full assessment, schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: There is no time frame - as soon as there are facts sufficient to demonstrate a change of circumstances warranting the modification. For a full assessment, schedule a consultation with a NYC Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Is it fair that if an American man prevents a
Q: Is it fair that if an American man prevents a Russian mother from returning to Russia with her children, he is guilty of international child abduction under Russian law? If the Russian mother take her children back to Russia, she is guilty of The International Parental Kidnapping Crime Act 1993 (IPKCA) is a United States federal law?
A: David's Answer: You'd need to ask a Russian lawyer that question. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: You'd need to ask a Russian lawyer that question. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Is there a way to change jurisdiction from New Jersey to N.Y.??
Q: I live in new york and she just move to Colorado about two month ago. I want child visitation rights and modified child support. Again, is there a way to move my case from NJ to NYC?
A: David's Answer: If the child does not primarily reside in NY, and you no longer live in NJ, then you will most likely need to litigate any modification/enforcement case in Colorado. That said, for a full assessment, schedule a consultation appointment with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If the child does not primarily reside in NY, and you no longer live in NJ, then you will most likely need to litigate any modification/enforcement case in Colorado. That said, for a full assessment, schedule a consultation appointment with a Bronx Child Custody attorney. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Subscribe to:
Posts (Atom)