Q: Who has jurisdiction? Florida or NY? Mother is custodial parent and NY resident. Father is Florida resident and $30k in child support arrears. He never saw child until child was 2 but became involved after sued for support. Mother welcomed the involvement of father encouraged relationship and after spending a $100 a day in babysitters took the father up on offer to let son temporarily attend preK in fl since it was a full day program unlike NYC - 2 hour a day program. Child in now 5 and mother took him back to NY to start kindergarten. Father was denied emergency order to bring child back.. Now has filed a pick up order and a hearing is pending as he is trying to proof mother and son are Florida residents
A: David's Answer: More facts are needed to assess this properly. First, when you say the child just moved back to NY - how long has the child been back in NY? Generally, home state jurisdiction is where the child has resided for more than 6 months. Moreover, were there any prior orders of custody/visitation? If yes, which state issued those prior orders? Is there a case pending in NY as well as in Florida? I strongly urge you to schedule a consultation with a NYC Child Custody attorney for a full assessment. -- 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, December 7, 2013
Child custody night shift
Q: I work the night shift for the last year. The child grandma watch's at night while at work which is where we live. I've had primary custody three years now. Included in the divorce was right of first refusal anytime. I didn't think it was an issue because I leave at 10 for work and back at 7:30 in the morning. Any reasonable person wouldn't drag the kids out 10 at night to stay at the other parents house. and anytime spent there would not be meaningful anyway .they would sleep. the child goes to bed at 8. Now my ex finally clicked im working nights. and is getting a lawyer probably to get custody and contempt. where do I stand? I can switch to days as soon as a opening comes up where I work. but she refuses to pay any daycare that's why I took the nights in the first place, what should Ido
and before she files contempt etc does she have to use the dispute resolution process in our parenting plan? and yes I know I should get a lawyer:) just need the quick version.and what is the best way to defend against the contempt?
A: David's Answer: Send a letter (or e-mail) to the other parent asking for them to clarify whether they are insisting on the child going out at 10pm at night just to sleep nights at their house. If the answer is yes, then you're best advised to file a modification petition & ask that the order be amended to read that the "first refusal clause" does not apply to the nighttime scenario. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Additional information
A: David's Answer: Send a letter (or e-mail) to the other parent asking for them to clarify whether they are insisting on the child going out at 10pm at night just to sleep nights at their house. If the answer is yes, then you're best advised to file a modification petition & ask that the order be amended to read that the "first refusal clause" does not apply to the nighttime scenario. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, December 4, 2013
Hello. I'm a stay@home mom of 2 kids. (4yrs, 2 mos) My husband is almost NEVER HOME, for work or pleasure. He & his family has b
Q: een "severely" mistreating me for the past 5 yrs. I dedicate my all to our kids 24/7, 365 days, never hired any help since our first was born. I handled EVERYTHING for special ed issue for our first kid w NY State until she got over the issue for the two yrs. Yet, their inhuman treatment of me (mostly emotional manipulative/verbal abuse) is reaching an unbearable limit (I have so many police reports) & starting to influence my kids indirectly & I need to protect them asap. He has so much debt but I have good savings. I want to go for a divorce yet he contests. Is there anything I can do at least to legally prevent my in-laws to see our kids until they change their cruel inhuman treatments of me that is starting to affect my kids? (He once sued me falsely, got caught & admitted his fault.)
A: David's Answer: You may file for custody as well as a request for an order to exclude the grandparents from visits. Depending on the nature of their conduct, you may also be able to file for an order of protection. Whether you're successful will depend on the particular facts. 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: You may file for custody as well as a request for an order to exclude the grandparents from visits. Depending on the nature of their conduct, you may also be able to file for an order of protection. Whether you're successful will depend on the particular facts. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
How can I prevent family court to grant permission to my child's grandfather after I already have fully custody?
Q: I have won custody of my son on Sept. 16 2013 and it has been three years since birth and he has always remained with me and my family. Neither of his grandparents has made the attempt to be in his life up until I won the custody and the mother has no rights
A: David's Answer: How you prepare your defense depends on what the allegations are. Generally, for grandparents to win custody, they must prove persistent neglect or abandonment. Schedule a consultation with a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: How you prepare your defense depends on what the allegations are. Generally, for grandparents to win custody, they must prove persistent neglect or abandonment. Schedule a consultation with a Bronx Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
If physical custody is 50 50 and parents make the same income, doesnt that make child support a extortion by the state
Q: Seems like family court is a necessary evil, like government.
A: David's Answer: And some would say the evil is in a parent who's not willing to ensure his/her child retains the same financial footing as if the parents never separated in the first place. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: And some would say the evil is in a parent who's not willing to ensure his/her child retains the same financial footing as if the parents never separated in the first place. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
I gave my husband legal and residential custody of our son while I left the state of NY I'm returning and I'd like shared custod
Q: Going through a divorce where I had an order of protection and was living with my son in a DV shelter I lost everything work home car so I gave my son to his father for an undetermined amount of time while I healed and got myself together. My son is my ex biological son and my adopted son. He is 4,yes old. While I was out of state my ex took my son to see a therapist because he claimed my son had behavioral issues he sees a therapist once a week. I'm planning on going back to be there for my son and my ex signed a stipulation that if I returned I would have joint legal. I'd like to have shard custody. Ex says he will go by therapist recom. So if she says no what do I do Wouldn't my son having both his parents equally helphim? Right now I only have holidays. Ex says he be flex w/ weekends
A: David's Answer: Whether a court would grant you shared & joint custody depends on many factors, such as then length of time you've been out of state, how close a relationship you have with the child, why you weren't able to visit more often, etc. Schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Whether a court would grant you shared & joint custody depends on many factors, such as then length of time you've been out of state, how close a relationship you have with the child, why you weren't able to visit more often, etc. Schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My husband had court ordered visitation rights to his daughter 12 years ago. Will that order still be In place today?
Q: He and his ex separated (because she was unfaithful) and her and her family didn't allow him to see the baby on his days and times and he would have to call the cops. She then moved to Florida and my husband moved on and hasn't seen her since, now my husband and his daughter live in ny and he would like to try again to see her. He was thingkinbg of filing for visitation again. Any information will be gladly appreciated. And the original visitation was ordered in ny.
A: David's Answer: I disagree strongly with any opinion that Florida would now have jurisdiction if the child "resided in Florida for more than 6 months." This is a "home state" analysis & only applies (generally) to initial custody/visitation determinations. If NY already issued an initial order, then NY retains "continuing & exclusive jurisdiction" over modification proceedings so long as 1 parent remains in the original state. As such, your husband should first send a letter to the mother asking to reinstate & court-ordered schedule & if she refuses, then file a petition. 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: I disagree strongly with any opinion that Florida would now have jurisdiction if the child "resided in Florida for more than 6 months." This is a "home state" analysis & only applies (generally) to initial custody/visitation determinations. If NY already issued an initial order, then NY retains "continuing & exclusive jurisdiction" over modification proceedings so long as 1 parent remains in the original state. As such, your husband should first send a letter to the mother asking to reinstate & court-ordered schedule & if she refuses, then file a petition. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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