Q: We both work low income jobs and we both support her fifty fifty. I have her 3 days she has her 4 but I pay bills on our daughter. If she wants to claim her again so she can try and take me back to court on absolutely no grounds can I stop her? She says she will not loosen up and she verbally agreed when the court order was made on our daughter to alternate years on taxes. The attorneys even tried to put it in and couldn't because it is not a divorce agreement. Any helpful information?
A: David's Answer: First, it seems this is less of a child custody question & more of a child support question. That said, if you have a divorce agreement and you did not put into the agreement that the tax deduction would alternate, then it is very unlikely a Judge would allow you to now modify the agreement on that basis. You would have generally needed to include that provision in the original agreement. That said, you're best advise to bring in the agreement, along with any orders/judgments, to a NYC Child Support lawyer 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, January 11, 2014
My child's mother lives in NC, and I'm a resident of NY. Will the NC courts grant me visitation rights across state lines?
Q: We became teen-aged parents; we're both now 25 yrs old; we were never married; our son is 8 yrs old; I pay child support through NC Child Support Enforcement; I realize we need to be amicable for our son's sake; she's insistent on not getting along unless it's something that she wants; she will only allow me to see our son in her presence; she will not allow him to visit me in NY without her; I love my son dearly! What's the proper course of action?
A: David's Answer: If there are no prior orders of custody or visitation which were issued in NY, then you'd need to file your visitation application in the state of NC. As such, you should re-post your question using the geographical area in NC where the mother resides. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If there are no prior orders of custody or visitation which were issued in NY, then you'd need to file your visitation application in the state of NC. As such, you should re-post your question using the geographical area in NC where the mother resides. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
As an american citizen living abroad, what steps do I need to take to petition for sole custody of my child/children?
Q: I am a an american citizen who lived on and off (never married) with a Dominican resident alien in the U.S. since 1994. In 2002, because of legal issues he was involved in, he decided to move to Dominican Republic. In order to keep the family together, shortly after I decided to follow him along with our 6 year old. I gave birth to our 2nd child in 2004 (birth abroad). Time after, in 2011, I decided to permanently end the relationship. The children live with the father. I will going back to the states in Feb. 2014. My children (both american citizens) are now 17 and 10.
A: David's Answer: If the father is not consenting for you to bring the children with you, then you will need to file for custody in D.R. As such, I'd advise to schedule a consultation with a D.R. Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If the father is not consenting for you to bring the children with you, then you will need to file for custody in D.R. As such, I'd advise to schedule a consultation with a D.R. Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, January 8, 2014
I would like information on child custody rights in NY state as myself and boyfriend were living together but now splitting up.
Q: our child is 8 months old and i am the sole income provider. would shared custody be an option for him or how can i get sole custody? what happens if i want to relocate to a different country with the child (due to family reasons)? do i need consent or full custody first? we were not married but lived together for 4 years. i have always been sole income provider during the last two years.
A: David's Answer: "Shared Custody" technically means the child lives exactly 50% of the time with each of you. The question becomes: after you split up, would such an arrangement be feasible? If you wish to relocate to a foreign country, you would need his express consent - and then have that consent incorporated into a court order OR you would need to have a custody/relocation trial in Family Court. 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: "Shared Custody" technically means the child lives exactly 50% of the time with each of you. The question becomes: after you split up, would such an arrangement be feasible? If you wish to relocate to a foreign country, you would need his express consent - and then have that consent incorporated into a court order OR you would need to have a custody/relocation trial in Family Court. Schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Would my chances for custody (as the father) improve if I remarried? What considerations does the court consider ?
Q: Additionally, the mother has been blantantly disregarding every order of visitation. My daughters are now 14 & 16 years of age.
A: David's Answer: In & of itself, your remarriage would seem to have little impact. One would need to consider whether you're moving to a better living environment by virtue of your remarriage, as well as your daughter's relationship with your new wife. Given the ages of your daughters, their preferences will be a major factor in the case. You're best advised to 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: In & of itself, your remarriage would seem to have little impact. One would need to consider whether you're moving to a better living environment by virtue of your remarriage, as well as your daughter's relationship with your new wife. Given the ages of your daughters, their preferences will be a major factor in the case. You're best advised to schedule a consultation with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Saturday, January 4, 2014
What if ex/ wife doesn't want kid anymore?
Q: ex has a new child and a new bf.Divorce signed by not final by judge. she has custody in divorce. i have a lawyer for the divorce.claims our seven year old daughter "hit" her little brother. giving me a week prep time to get her or "I wont see her again". I don't have no support system, live far from her school, will likely receive no child support in return, i sometimes overnights with no system setup to watch her, my apartment is a studio no time for larger one. what should i do, she txt me this recently
i sometimes work overnights
A: David's Answer: What do you think she means by "you won't see her again?" Do you think she means she'll take off with the child, or do you think she means to harm the child? If the latter, you may wish to consider taking custody of the child AND calling ACS. You may need to file a motion in the divorce cases to modify the settlement. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Additional information
There is no visitation order. Can I deny the non custodial parent visitation if it means sending the child on an airplane?
Q: I have sole custody of the child.
A: David's Answer: Yes, as without a court order, access is "as agreed upon" & if you don't agree, the child doesn't go. That said, you should have a good reason for not sending the child, as willingness to foster a relationship with the non-custodial parent is a factor the Judge will consider if the non-custodial parent sues for custody. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: Yes, as without a court order, access is "as agreed upon" & if you don't agree, the child doesn't go. That said, you should have a good reason for not sending the child, as willingness to foster a relationship with the non-custodial parent is a factor the Judge will consider if the non-custodial parent sues for custody. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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