Q: On court order it states she cant move w/out my consent, how would she be able to go around that? i've already gone back to court to ask for more time w/ my daughter but she denied it.
A: David's Answer: If she moves, you can (and should) file a petition for a writ of habeus corpus as well as a violation petition in Family Court. Most likely, the Judge will order her to return the child to this state at her expense. -- 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.
Wednesday, November 27, 2013
At what age does a child have a say about where he wants to reside
Q: at 14 does the child have a say on whom he prefers to reside with?
A: David's Answer: While the child always "has a say," your question may be more of "when does it become a very strong factor with the Court?" The answer is probably 14 as a general rule. The reason is that custody law informally borrows from adoption law, in which a child gets to consent or withhold his/her consent to an adoption at age 14. As such - again as a general rule - if a 14yo says "I wanna live with Dad," it's highly likely the Judge will go along with that preference. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: While the child always "has a say," your question may be more of "when does it become a very strong factor with the Court?" The answer is probably 14 as a general rule. The reason is that custody law informally borrows from adoption law, in which a child gets to consent or withhold his/her consent to an adoption at age 14. As such - again as a general rule - if a 14yo says "I wanna live with Dad," it's highly likely the Judge will go along with that preference. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Where should I pursue custody modification?
Q: I live in New York. Joint custody of son (15) under Forsyth County, GA order. Mother is primary custodian, lives in Athens, GA. I am fully compliant with court ordered alimony and child support. Son/mother fighting constantly and it is escalating. Due to recent fight, mother demanded I get a plane ticket and bring son to NY for a month to cool off, he is currently with me. Last fight mom got physical. Son does not want to go back to mother, says he does not feel safe. I want to put him into school in NY but need custody to do so. I don't want to drag ex through mud or tarnish her rep. But mother and son do not get along, there is emotional trouble/abuse on both sides. I don't believe she will voluntarily relinquish primary custody.
A: David's Answer: There is an arguable exception to the jurisdictional statute for emergency domestic violence filings, but more detail would be needed to assess whether you qualify. Otherwise you would most likely need to file for the custody modification in Georgia. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: There is an arguable exception to the jurisdictional statute for emergency domestic violence filings, but more detail would be needed to assess whether you qualify. Otherwise you would most likely need to file for the custody modification in Georgia. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Is it legal for a parent with supervised visitation to take his child out of school 40 minutes early on his day of visitation?
Q: Court order states he can have children from 2:00 - 7:00
A: David's Answer: If it's earlier than the child's scheduled discharge time, and he had an actually class that s/he was being pulled out from, then most likely both the school & the Judge would frown upon this. Get a letter from the school to this effect & file a petition to modify the visitation schedule. 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: If it's earlier than the child's scheduled discharge time, and he had an actually class that s/he was being pulled out from, then most likely both the school & the Judge would frown upon this. Get a letter from the school to this effect & file a petition to modify the visitation schedule. Schedule a consultation with a NYC Child Custody lawyer for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
My daughters father wants all holidays.i feel alternating holidays is fair.Will the judge grant him more days than I'm comfortab
Q: I'm in a custody battle! With my 2 yr olds father.I have also a criminal order of protection for myself n her.Hes facing 5 charges & already gets every other weekend & wednesday Dinner dates!He wants all da holidays with her dis year!!He started goin to church to help him in criminal court cuz he was never a religious man.I am Muslim.A court order was issued dat we could not take her to any house of worship but he has n I had proof!! She only gave him a warning!Still When I ask my child what she did wit dad she says we went to church!Da 1st 3weeks of his granted dinner dates he never showed up supposedly cuz of his probation!My lawyer knew n never told me!He missed a weekend wit her so he can go on a church retreat.Yet he's fighting for more time wit her!plz help
A: David's Answer: If you are dissatisfied with your present attorney, I suggest retaining another one. You should otherwise seek to file petitions for violations and/or motions for sanctions to formally put the violations before the court. Schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
A: David's Answer: If you are dissatisfied with your present attorney, I suggest retaining another one. You should otherwise seek to file petitions for violations and/or motions for sanctions to formally put the violations before the court. Schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
Wednesday, November 20, 2013
I am concern for our child's well-being. Can I seek full custody of our child if I can prove it's in the child's best interest?
Q: I am the Father, the non-custodial parent in the State of New York. The custodial parent (the Mother) currently has full custody as of April 2012. The custodial parent to me, has proven to be irresponsible and/or unfit for a long period of time, which involves failing to maintain a stable job and home for our child. Our child has resided at 5 different locations since her DOB in February 2011, and has resided at four different locations since being awarded full custody. Our child currently resides with Mom and I at my location as of November 2013. Mom worked for only two weeks at her most recent employer, with salaries far past my own. She was set and I did what I can to support her and our child. Now she's currently seeking Government assistance once more due to family issues.
A: David's Answer: You can certainly file for a modification of custody, but here's my question: if the Mother is currently living with you, then what is your plan to physically separate from the Mother? The Court would probably frown upon you just kicking her out on the street. Because this is such a sensitive issue, I'd advise to schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
A: David's Answer: You can certainly file for a modification of custody, but here's my question: if the Mother is currently living with you, then what is your plan to physically separate from the Mother? The Court would probably frown upon you just kicking her out on the street. Because this is such a sensitive issue, I'd advise to schedule a consultation with a Bronx Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
Would you advice a woman to let her daughter see her biological father every day
Q: Would you advice a woman to let her daughter see her biological father every day, if she wants to see her biological father every day and he has a very good relationship with her father. The biological father of her daughter is also very good with children.
A: David's Answer: Why not? -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
A: David's Answer: Why not? -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
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