Tuesday, December 31, 2013

MY WIFE FILED AN ORDER OF PROTECTION ON ME JUST TO GET ME OUT OF THE WAY SO SHE CAN HAVE AN AFFAIR CAN I GET IT REMOVED IF I PRO

Q:  NONE


A:  David's Answer:  Her motivations for filing for the order of protection largely do not matter. The main focus at trial will be whether you actually committed a family offense. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I have a no contact order from my ex. I recently spoke to her daughter and offered the daughter an apology for my behavior.

Q:  Would this be a indirect contact violation ??


A:  David's Answer:  It may depend on whether the order also prohibited 3d party contact, and whether you said something to the effect of, "tell her I apologize." Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Adopting my step son. Birth mother has not seen him in 7 months. Has only 2 hours of supervised visitation 1 day a week.

Q:  Says she hasn't see him because her probation officer wont let he. Ever though she showed him court papers for when she could see him. She had to do some class for probation. That ended in Oct. still hasn't tried to see him. Hasn't been going to visits on a reguler bases from the beginning. Has gone weeks and months before. I would love to adopt him.


A:  David's Answer:  One would think the adoption Judge would find that she has "legally abandoned" the child by failing to maintain substantial contact for a period of longer than 6 months. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Hello, my daughter's father been absent for more than 3 years, no cs been paid nor visitation.can the court take his rights

Q:  i been filing petition for violation of cs this year and it been a lost. my husband want to adopt her as well, do we we need the bio-father sign a consent form or can we try with the court knowing that he been more tun 3 years absent volunteer with no payment of cs


A:  David's Answer:  If the father has not visited the child in 3 years, most likely the adoption court will find that he legally abandoned the child & will allow the adoption to proceed with or without his consent. Schedule a consultation with a NYC/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my ex get supervised visitation of our child?

Q:  if he's gotten endangerment of the welfare of children charges, long history of violent/domestic crimes. Has abused 4 separate women, has a history of drug/alcohol abuse, has subsequent mental health history (including bipolar, anger issues, anxiety, and suicidal tendencies in which he was hospitalized for in 2011, 2012, & 2013), has had no jobs, hasn't held a permanent residence in the past few years, homeless on multiple occasions, and lives off of SSI for being mentally incapable of doing anything on daily basis due to anxiety attacks that last all day every day.


A:  David's Answer:  One would think with this list of maladies the Judge would make his visitation supervised. Make sure you have documentation of as many of these allegations as possible.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

If you lost your job or you retired receiving a low monthly income from the retirement and you are also receiving food stamps

Q:  What are your monthly obligation towards child support when you are receiving food stamps, and what is that law called for that and you too have a minor child that is in your custody from another woman? And how does it affect back child support?


A:  David's Answer: Merely receiving food stamps doesn't bear directly on the calculation of child support, as it's what total income you have that counts. Moreover, support is set at your ability to earn income, so if you voluntarily retired while having a prior order of support, you generally would not qualify for a reduction (as this would be a form of "voluntary quit"). Finally, having another child to support MAY affect child support, but as a necessary element of that defense, you'd need to bring in proof of what the mother of that child is earning. Schedule a consultation with an Orange//Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I had a custody hearing last Sept 2013 and lost because I represented myself, my whole case was based on son's medical condition

Q:  Due to a lack of funds I acted pro-se and represented myself plus the court appointed attorney did not want to represent me because all he wanted me to do was to drop my case & I should be happy I have joint custody. My child's blood chemistry was at extreme deadly levels of which my complaint was all about. By the time we finally went to trial my son's blood chemistry went back to normal because mother was scared, when I attempted to present my medical case I was unable to show it because I was not a medical professional. The children's Right Society was not on my side nor did they care, so I became stage freight and lost my focus so I lost my case. Two weeks ago I found out that my son's blood chemistry is back to an abnormal deadly level again. What can I do I cant sleep at nights.


A:  David's Answer:  First, you should not represent yourself. If you are too poor to afford an attorney, the court can assign you one. If you do not qualify for free representation, there are many lawyers who offer sliding scales on their fees - shop around (even to adjoining counties). Next, I'd need to know more details as to why you think the mother is to blame for your child's "abnormal blood chemistry." Schedule a consultation with an Orange//Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Is it possible to remove court appointed child Attny who's violated my son (7 yo)'s confidence? He doesn't trust her.

Q:  Trying to modify visitation bc dad refuses to participate in my sons life. Removes him from friends, sports & insists on taking him out of town against my sons will. I'm worried abt the psychological effects on my son who begs me to be able to stay home & play with friends. Dad has a lot of $ & little interest in parenting ( we have joint legal). I feel stuck bc the child avocate is not helping to protect my sons needs & seems enamourd with my ex (who is somewhat famous). My poor son is devistated about being uprooted (dad lives in another town) every other weekend & shuffled around. Now ex is asking to get him a nanny so he can travel with him. I'm represented but nobody seems to be considering what's best for my son... Just my ex. Child avocate refuses to let me get my son into therapy.


A:  David's Answer:  While it is possible to file a motion to have the attorney for child removed, it rarely is granted. Thus, you should have relatively clear allegations which impugn the ethics & professionalism of this attorney. Request that the Judge interview the child "in camera." Be prepared for (unspoken) backlash, however, if the motion fails. If you don't feel your attorney is acting in your best interests, consider a change. For (at the least) a 2d opinion, schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, December 21, 2013

What do i do if i have an support order agiant me allready and i want to contest my son paternity.

Q:  my kid is 6 yrs and i've been in a up and down war with the mother i resently have had reasons to believe that im not my sons birth father how do i proceed im at a bad time in life and need help i have no idea what to do about the whole thing but its got very angery and scare .
please help


A:  David's Answer:  You may file a petition for a DNA test, but the problem is that you may have waited too long. There is a legal doctrine called "equitable estoppel" which in a nutshell means that if you sit on your rights for too long, at some point you lose them. That said, the worst that the Magistrate says is "no, you don't get a DNA test," so go ahead & file the petition. I wouldn't do so without the aid of an attorney, however. Schedule a consultation with a Family Law attorney in your area for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Is there any way to get protection for my daughter and I from her emotionally abusive father?

Q:  My daughter's father uses my daughter constantly against me. He is emotionally abusive. I have sole custody and visits are as agreed upon. I try to work something out, buy, every time, I am threatened with court. I want a divorce, but can't afford one. I can't use legal aid because he used legal aid when he tried to take her when she was a newborn. he has told me time and again, he will fight a divorce. I just need help. I feel like I am trapped in a corner.


A:  David's Answer:  Shop around - some attorneys offer sliding scales on their fees and/or will agree to collect the bulk of their fees from him if he makes significant money. It certainly sounds like you need a better defined visitation schedule so everything's clear between the two of you. Schedule a consultation with a Family Law attorney in your area for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, December 18, 2013

Legal name change, or not?

Q: If my daughter's biological father never signed her birth certificate, can I change her last name? I am now married and her stepfather would like her to have his last name. Her biological father is not involved, and there is no father listed on her birth certificate. Lastly, I was never married to her father, but we did establish paternity in court, he just never singed the birth certificate. Thanks.


A:  David's Answer:  If you established paternity thru the court, then it doesn't matter that his name is on the birth certificate or not - he is the legal father of the child. As such, you must commence a chance-of-name proceeding. Please consult the court's website for further details: http://www.courts.state.ny.us/forms/namechange..... You should also consider consulting a Westchester Family Law attorney on the issue.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, December 14, 2013

How can can you prove emotional abuse in family court?

Q:  my uncle has gone crazy and has been put into many mental institutions. my aunt and her kids do not feel safe around him because he has in the past emotionally abused them. he has even tried to hurt himself. so my aunt wants to get an order of protection so they can feel safe again. is there anyway to prove emotional and verbal abuse using her kids or other people as witnesses?


A:  David's Answer:  The issue is that emotional or verbal abuse, in themselves, do not create grounds for an order of protection. This is because one must allege (& be prepared to prove) that a domestic violence crime has occurred - and verbal/emotional abuse generally does not constitute a crime. She may wish to consider getting a divorce, assuming she's still married to him. Schedule a consultation with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, December 7, 2013

How do i fight an order of protection that was falsely given on my behave.

Q:  my husband was charge with and family offense and there is and order of protection, how can i fight that order of protection.


A:  David's Answer:  Is your case pending in criminal court or Family court? If in Family Court, then it's your petition & you always have the right to withdraw your own petition. If in criminal court, then you'll need to speak with the prosecutor. Speak with a Dutchess/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, December 4, 2013

Can my ex-husband file for reduction of child support if he is unable to prove a perm disability and takes a lower paying job?

Q:  We have already been to Family Court. It was a fact finding hearing where he previously had shown he was on temporary disability, but, was suppose to prove that he had a permanent disability if he wasn't going to return to his employer. He was unable to prove a permanent disability and given six months with the modified support amount pertaining to his temp disability and then he would return to his full amount. He has not returned to his former employer and feel he is going to now say he is making a lower salary and try to file for a continued modified support payment. Can he do this?


A:  David's Answer:  It seems to me on the fact you're presenting he'd still need to prove he's disabled. Otherwise, he'd need to show he lost his last job through no fault of his own & has made a diligent search to find commensurate work since then. schedule a consultation with a Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I am in a custody fight in family court, I have legal aid. My ex was appointed a lawyer, 9 months ago my ex got a new job.

Q:  She is now making 50 grand a year, her lawyer knows this and doesn't care. I just lost custody temporarily because of her lawyer. The judge and my lawyer don't want to help me, What can I do?

Additional information
 
My lawyer has a full docket and no time or interest, she has been unprepared at every court date. I'm lucky if I get 5 min before court while my ex has her court appointed lawyer on speed dial. I am trying to get her lawyer removed because my ex makes to much money to qualify for a free lawyer


A:  David's Answer:  Your options are: (a) ask the Judge to assign another lawyer, or (b) explore hiring a private attorney, perhaps one who offers sliding scales and/or payment plans.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I get emancipated?

Q:  I am currently 15, i turn 16 in 7 months and my mom won't allow me to work or do anything all I do is go to school and come home I can't even stay after school if I do I get in trouble. My mom won't even let me empty out the garbage there has to be am adult with me. So how do I prepare myself for living on my own and what steps should I take to get emancipated. Also they have a history of abusing me in 2005


A:  David's Answer:  First, I disagree with the suggestion that you can just "file a petition," as there's no such petition to file. Second, I disagree with the suggestion that you just "run away," as then you would likely become a "person in need of supervision" & quite possibly wind up in a group home. Third, the military will most likely not accept you without parental consent. None of these are realistic options for your situation. The frustrating truth is that you may need to "grin & bear it" as child welfare will most likely not get involved unless there is current abuse or neglect going on (the past "abuse" won't apply as they need to determine that you are currently at risk of harm).  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, November 27, 2013

What recourse do I have with my ex-husband when the terms of our separation agreement have expired?

Q:  My husband was supposed to pay 50% of our sons' college tuitions. He refused to pay for my one son while he was in college, making him take out loans. He promised that once my son was done with college, he would pay the loans. I paid my 50% share while my son was in school. In addition, I am the guarantor on my son's loans. I asked my ex to refinance the loans so my name would be removed as guarantor. He refused to do this. My ex continues to be delinquent in honoring the commitment he made. He is close to ruining my credit. what recourse do I have?


A:  David's Answer:  Was the separation agreement incorporated into a judgment of divorce? If yes, then send him an itemized default letter by certified mail, return receipt. Then file a contempt motion if he doesn't make amends. If you do not yet have a judgment of divorce, then file a divorce case & bring up the alleged violation in that case. Schedule a consultation with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What does someone needs to do to get the order of dispositon from a family court

Q:  the case came to a settlement in a family court and now want to know how to get the order of disposition from the clerk office. where do i need to go and what to do to get that paper. i don't have any attorney for me to do that.


A:  David's Answer:  Just go to the Clerk's Office at White Plains Family Court (assuming that was your court) with photo ID & request a copy of the order. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, November 20, 2013

Abusive Wife and Visitation Rights

Q:  If your wife is abusive towards you to the point that you have to leave the house prior to divorce being finalized and the divorce arrangements being made, can it negatively impact visitation rights? I've agreed to let my wife have physical custody of the child but I am concerned if it can impact being able to see my daughter.


A:  David's Answer:  t shouldn't affect your rights to see your child as you can always arrange for pick-up & drop-off to be at a neutral location.  -- David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)

Wednesday, November 13, 2013

In NY; how can I change my maiden last name (family name) although I'm married and using my husband's last name?

Q:  All I want to do is drop my family's name and have another last name as my maiden name - is this doable? Kindly advise, thank you!


A:  David's Answer:  You would need to amend your birth certificate. Contact the County Clerk's office in the county where your birth certificate is on file for the procedures necessary.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Are your 4th amendment rights regarding CPS investigations limited if you had been the subject of past CPS investigations?

Q:  In the past investigations, negligence had been found.


A:  David's Answer:  You still have the same due process rights, except if there is an order of disposition from the prior neglect case which, for example, allows CPS to make home visits. If that's the case, then you are obligated to comply with the home visits. For a full assessment, schedule a consultation with a Westchester Family Law attorney, particularly one who handles CPS matters. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, November 6, 2013

Does my 13 year old son have a right to refuse contact with his father? (NY)

Q:  We are in the process of a divorce. His father moved out in January. We tried shared custody but that came to a halt after my son walked out on his visit with him for the 4th time. He hasn't spoken with his father since. He even refuses to respond to his text messages. The biggest part of the problem is that his father is in the military and forgets that it's his son and not his soldier. I practically raised our son alone and didn't raise him with a dictator style of parenting. My son has no behavioral issues at home with me or at school. He was doing great until the court stuff surfaced and then he started to slip. The only problem that ever arises surfaces around his father trying to force him to go to therapy and visit with him. There's much more but this is a brief explanation


A:  David's Answer:  Here's the issue as I see it: can the 13yo refuse to go to school if he feels he doesn't want to? Of course not. Thus, there must be some compelling reason why your son shouldn't be sent over to visit his father. Moreover, if there is any order regarding parenting time, you'd need to file an order to show cause to modify that order - and ask for an attorney for the child to be appointed if one isn't already. Schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My ex is threatening to tell the courts that she cannot reach our child when she is with me.

Q:  My ex has sent me several messages about not being able to reach our daughter during the days she is with me. My daughter spends every wednesday with my ex and every other weekend. I don't reply to any of the texts my ex sends me asking if our daughter is ok since she can't reach him and we don't answer our phone. Do I have to let my child talk to my ex over the phone when she is with me?The order does state that my ex can talk to my child over the phone but does it need to be every day? The longest I prevented my daughter from speaking to my ex was three days and I only let her because my ex was about to call the cops worried. Would the cops even do anything since my daughter is scheduled w/ me? Isn't this harassment? I am the custodial parent.


A:  David's Answer:  Generally the other parent is allowed daily phone contact. The police would not generally get involved in such a thing but would instead refer the parties to Family Court (thus, it's most likely not harassment on either party's part). That said, if the other parent sends a communication, you should reply back, even if it's via e-mail or letter instead of text. For a full assessment, schedule a consultation with a Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, November 2, 2013

Can I have a temp OP removed and how? A judge stated that it's lifetime OP, is that true? I want to remove the OP ASAP

Q:  What if you still was having contact the person because they needed help alcohol and now they are better


A:  David's Answer:  If it's temporary, then it's not permanent. A review of the order itself would reveal same (but its expiration date). That said, more details are necessary: are you in criminal court or Family court? Is the order against you or in favor of you? Is the case still ongoing (do you have an adjourn date) or is it finalized?   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My child came home from daycare and...

Q:  My 2 and a half year old came home from daycare saying they put her in time out for crying and she also has a bruise near her eye! What to do?


A:  David's Answer:  First, bring it to the attention of the daycare. Find out what they say happened. You can't necessarily accuse them of abusing your child if, for instance, she hit herself or another child hit her. If you still have suspicions after speaking with them, then report it.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Where can I find examples of postnuptial agreements, so that I can draft myself

Q:  postnuptial agreements


A:  David's Answer:  Forms can't be obtained off this website. You can google it or go to a law library. That said, it you have income or assets worth protecting (otherwise why do a pre-nup in the first place), you're best advised to have an attorney do it. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, October 26, 2013

NYS , my son ( 16 ) and I would like to request a new law guardian in his PINS case . How can we do this ?

Q:  I am the PINS filer against my son . Despite that , I agree that he should request a new Law Guardian . Our 1st court date , he was a no show . Another attorney stood in for him . In between the 1st and 2nd court dates , I made several calls to his office to setup a meeting with him or talk over the phone . I always had to leave a message , with no reply . They office suggested scheduling an appt , about 1 / 2 hour away . We have lost lots of time from work and school . I had been informed they would accommodate the child's schedule . So I requested they meet at his school . They never got back to me about that . At the 2nd date , he approached us with less than 5 min before we were called in . How can he serve my son's best interests if he doesn't know my son ?


A:  David's Answer:  Since he is your son's attorney, your son would need to make that request on the next court date of the Judge. That said, it is rare such attorneys would come to the child's home or school in order to interview the child - usually such interviews are done in the attorney's office. In any event, feel free to contact a Dutchess/Westchester Co. Family Law attorney to schedule a consultation should you have any follow-up questions.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Domestic violence

Q:  On friday i was involved in a domestic violence dispute i pressed charges on him we have 2 kids together,there is now a warrant out for his arrested,after the incident i guess he took the kids to his moms house, he had custody in the sense that they stay with him,i.tried to get my children back and i went to.the police station and they told me that i can't get my kids bekuz he left them with his mom.i need answers.I'm scared for my life.my children would perfer to be with me..please help


A:  David's Answer:  You should immediately go to Yonkers Family Court first thing in the morning & file an order to show cause & petition requesting custody. If he is believed to still be in jail tomorrow, you may ask the Judge to issue an order requiring the grandmother to turn the children over to you. You may then go there with a police escort. I'd also suggest to file your own petition for an order of protection in Family Court. You should also call a Westchester Co. Domestic Violence/Child Custody lawyer to schedule a follow-up consultation. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How soon restraining orders can be lifted in NY

Q:  My wife has filed a restraining order in family court against me and we are also going through a divorce,there are chances that we can have a reconciliation . we have a 3 year old son. My wife birthday and my son birthday is in this wk. how much time it takes to lift a order , if she approach a court??I really want to be with my family on special days. what is the earliest time frame in which orders can be lifted in the state of NY. ThNKS


A:  David's Answer:  I'd suggest that you both go into Court together & that she filed an order to show cause & petition to modify (or vacate) the order of protection. This MAY allow to change the order the same day you go in. That said, should you have follow-up questions and/or need representation, then I encourage you to call a White Plains Domestic Violence lawyer to schedule a consultation. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Need Advice!Kids Witnessing Domestic Violence!What steps will I need to take ?Kids never told law G, they were threaten not to!

Q:  My husbands ex has been involved with her first cousin on and off for the past 8 years. The boyfriends moves out for months at a time and then comes back. Last year we went for custody of the children because there schooling along with them wanted to live with us, No change is Circumstance ! So our trial end in 09-2012 and in 11-2012 the boyfriend was thrown out of the house because he had throw the ex against the wall and begun choking her in front of the kids, also he had flipped the dinner table on her while kids were there. We knew there was alot of verbal abuse but the kids neglacted to tell us about the 8 years of physical . The ex started dating cousin again kids are afraid for him to move back in and if he does they want to live with dad. Kids are 17 & 12


A:  David's Answer:   If you don't have independent corroboration of the d.v. event, then the issue will ultimately be whether the children report the events to their assigned attorney. If they do not & there were no police reports of the incident - and the mother denies the incident - then it may go nowhere. That said, I highly encourage you to schedule a follow-up consultation with a Dutchess/Westchester Co. Domestic Violence attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What does emancipation age mean in New York State?

Q:  In New York State, if a parent has sole custody of a child, when that child turns 18 but is still living in the custodial parents house and also still attending high school, can that child choose to move out and live with the non custodial parent at the childs own choosing without the consent of the custodial parent? Also, if a spouse gives up the rights to the other spouses pension, does that mean that they are also giving up claims or rights to receive the spouses social security when they become of retirement age? After being married for 27 years, can each spouse still collect on each others social security upon retirement or is that waived in a divorce? Thanks very much.


A: David's Answer:  The answer to your first question is yes, the child can move where s/he wishes to. Regarding your second question, it depends on how the settlement agreement was phrased in the divorce case. Thus, it behooves you to bring the agreement in & have a full consultation with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can you drop charges against someone else in a domestic violence case?

Q: charges i pressed


A:  David's Answer:  It's up the the D.A. whether to withdraw the case. You should speak with the ADA on the case as well as the other side's defense attorney. Should you have any follow-up questions, you may schedule a consultation with a Westchester Co. Domestic Violence or criminal defense attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Legal name change, or not?

Q:  If my daughter's biological father never signed her birth certificate, can I change her last name? I am now married and her stepfather would like her to have his last name. Her biological father is not involved, and there is no father listed on her birth certificate. Lastly, I was never married to her father, but we did establish paternity in court, he just never singed the birth certificate. Thanks.


A:  David's Answer:  If you established paternity thru the court, then it doesn't matter that his name is on the birth certificate or not - he is the legal father of the child. As such, you must commence a chance-of-name proceeding. Please consult the court's website for further details: http://www.courts.state.ny.us/forms/namechange..... You should also consider consulting a Westchester Family Law attorney on the issue.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, October 19, 2013

If you filed for your spouse to come to the US and they got green card. But once in US you felt they defrauded you.

Q:  What can you do? We got married in 2006. I lived in Nigeria with him for 2 yrs. But I came back for school. He came here in May 2013 and showed me a different person. He has already moved out and changed his address. I have not had any contact with him in 2 months. What can I do to get his green card taken away because I was honestly defrauded my this man. Or what are my other options?
Can I get this marriage annulled we do not have any children together or do I have to get a divorce


A:  David's Answer:  It is possible to get the marriage annulled, but you need to plead & prove fraud (i.e., there were certain promises made to induce you into marrying him which turned out to be false). But yes, you may otherwise file for divorce based on "no-fault" grounds. Schedule a consultation with a Westchester Divorce Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my 12yr old attend a bar mitzvah if his father is saying no because he doesn't want to give up the time with him

Q:  The father is mad at me because I didn't give him up on one of my days


A:  David's Answer:  If it falls on a day the father has visitation per a court order, then the father gets to decide (assuming there's no corollary provision allowing the child to attend events otherwise scheduled on visit days). You may wish to consider filing a modification petition allowing the child to attend such events on visitation days, so long as the father gets a make-up - or alternatively permitting the father to attend. For a full assessment, schedule a consultation with a Westchester Family Law attorney.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Wednesday, October 16, 2013

My parents signed an acknowledgment of paternity which reissued my birth certificate with a corrected last name

Q:  J was under 18 when this was done, and was not aware of it until years later. i took the corrected birth certificate to ss office to get name corrected (went from Smith to Smith-Jones) and passport office. Explained the situation, and encountered no issues and my ss card and passport were corrected. Have been using smith-jones from then on. it has now been 10 years , but I worry that maybe my parents should have done something else before I started using the corrected name (ie smith-jones instead of just smith). I have gone to graduate school etc. on smith-jones (though college has been smith). maybe i am being overly cautious but I just wanted to ask if they did anything wrong of if since my birth certificate was corrected/ressiued that is my legal name and im ok without anything else.


A:  David's Answer:  If the birth certificate was changed, this should suffice. You may also wish to consider doing a change of name proceeding.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

How can my boyfriend get his child from cps?

Q:  Boyfriend and I together for four years. We have two kids plus my son. A women he slept with 3 months before we meet, told him he was the father of her baby. Now three, he's been taken by cps about six months ago. He was being left alone in the house and physically abused by her ex boyfriend. This is the second child she has lost to cps. My boyfriend filed a petition and was given a court appointed paternity test, and was deemed the father of this child. My questions are how does the court decide who gets the child? Do we need to be married? Does he have to be on my lease? What type of home qualifys? Does he have to work? What type of past criminal record will effect it? What can we do to get him? Will he have to pay past dss expenses? How long does this take? How Is It decided? Phew!


A:  David's Answer:  He needs to file a petition for custody. I don't think his name being on the lease or you being married are major factors, but the Court will certainly want to know how he'll be able to support the child. If he doesn't have a job & for whatever breaks up with you, the court won't want to run the risk that if that happens the child goes right back into foster care. Violent felonies - especially involving children - may have an impact; anything else would need to be assessed on its own. A custody case could take several months. He's best advised to schedule a consultation with a Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

My husband has a fair hearing cause he wasnt happy with the decision being indicated. he doesn' have a attorney

Q:  what he should expect on the fair hearing and what he should said. he has learn his lesson and the case is closed. now i don't know he is nervous


A:  David's Answer:  At the very least, he should strongly consider scheduling a consultation with a Westchester Family Law attorney. At the consultation, the attorney can at least discuss what the facts are and suggest ways to present the case. There are also lawyers out there who accept cases on a sliding scale.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Wednesday, October 9, 2013

Step parent adoption no father on birth certificate

Q:  how would this work? my husband wants to adopt my daughter- her bio dad has been out of her life since she was born; he is not on the birth certificate and dna has never been established- do i still need to notify him?


A:  David's Answer:  The Court will ultimately determine whether you need to provide notice to the father. If the biological father did not execute an acknowledgment of paternity and has not been involved with the child, then there's a possibility the Court will dispense with notice. For a full assessment, schedule a consultation with an Orange/Westchester Family Law attorney.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My husband hid my stuff from me. Can I call the cop? If I do call the cop, what would happen to him?

Q:  Our daughter has been misbehaving. She had lost a few things at school and constantly forgot to bring her homework home. I had told her if she continued to misbehave, I would take her toys away from her. And I did. When my husband found out, he accused me for "traumatizing" our daughter. I tried to explain to him that depriving the valuable stuff from kids (TV time, play time, and etc) is a way to help discipline them but he wouldn't listen. Last night he threatened to take my stuff away if I didn't give the toys back to our girl. I told him she has to "earn" it back. This morning when I was about to go to work, I found that my handbag was gone - he put my purse on the sofa, but took away the handbag. Can I call the cop? Would it make a bad record for his future job (banking)?


A:  David's Answer:  I doubt the police would consider this larceny, much less "domestic violence" (which is the category you posted this in). If things are that bad between you & your husband, you may wish to consider filing for divorce.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Should an American father visit his children in Europe?

Q:  Should an American father visit his children in Europe? He has children in Europe. He can visit his children in Europe only under the direct supervision of local law enforcement. The US State Department can arrange those visitations in Europe and will tell him what he can and can not do in Europe.


A:  David's Answer:  Where else would the father propose to visit the children?   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, October 5, 2013

Can I sue a former therapist if he failed to report suspected child abuse 7 years ago.

Q: My son made comments that indicated his father was touching him in appropriately. I was scared to report the incident because I thought his family would come after me, lie to child protective services, etc... Because I was scared, my therapist never reported the incident. A new therapist that I have recently started seeing mentioned that he was "legally required" to report the abuse. In retrospect I realize it would have been better to have reported this so that I could have learned the truth and protected my son.


A: The way you phrased your posting, it appears the therapist was yours & not the child's. Assuming that's the case, then the therapist would not technically be mandated (in my opinion) to have called in a report unless s/he spoke to the child. On the other hand, if YOU suspected abuse (based on your child's statements to you), it is just as possible you may have committed child abuse or neglect by failing to report the allegations yourself (or at least having the child evaluated if there was any doubt about the child's statements).  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my husband get half of my workman's comp case if we are getting divorced?

Q: The money I received for settlement of my workman's comp case is all ready spent. I live in New York. The money went into my account because we don't have the same bank accounts. My husband and I spent it together on things for the house. Does he still have rights to half of it?


A: It is correct that, generally, only assets which currently exist are divisible in a divorce case. Thus, if the money is gone, then there is no claim he'd have. It would have been unlikely he'd have a claim to it anyway, as usually compensation for personal injuries are considered one's separate property so long as the funds remain segregated in a separate (i.e., not joint) account.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What form/affidavit should be signed if a stepfather wants his stepchild to use his last name?

Q:  I am petitioning a name change for my minor so he can use my husband's (stepfather) last name before we register him to kindergarten. I called the county clerk's office and they gave me the procedures. They had mentioned that I need to have my husband sign and affidavit saying that he is aware of the name change and he is acknowledging it and that he is taking full responsibility. What is the appropriate form that should be used? Thanks in advance.


A:  David's Answer:  You need to commence a name change proceeding. The link to the instructions/forms is as follows: http://www.courts.state.ny.us/forms/namechange..... You should note that the biological father will need to be served with a court summons. Nevertheless, I advise you to consult further with a Westchester Co. Family law attorney.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my ex's parents get grandparents rights and who responsible is it to set it up?

Q:  my ex's parents has had little to no contact with my child in the past 4 years(3 1/2 years of straight no contact). the father got visitation rights almost a year ago. few of the visits the father had to have them at his parents house since the father lives far away also my child has done 1 holiday with fathers family. but now all the visits are where the fathers wants and thats been at his house and his parents don't get to see my kid anymore. his parents just started to email me asking can they see him. is it my responsibility to let them see him on my days with my kid or is it up to the father. i feel it should be the fathers responsibility to let his parents to see my kid on his time. if they take me to court will they get wrights?


A:  David's Answer:  Grandparents may petition for visitation, and that's usually a day or two per month in addition to the father's visits. If they haven't seen the child in awhile, the Court is much more likely to start slow - thus with the once per month for a few hours. That said, there may be other factors at work which will need to be assessed. Thus, you're best advised to schedule a consultation with a Dutchess/Westchester Child Custody attorney. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My live in partner has hit me, twisted my leg Im afraid to report him b/c he is illegal and if he is deported he will kill me.

Q: I live in Westchester county new york, my partner lives with me he is from Ecuador. he does not work and is backed in child support with ex.


A: I recognize your concern & would mildly disagree with the suggestion that if he's deported, you're no longer in danger. If he entered illegally once, then he can do so again. As such, you should strongly consider not only reporting him to the police & filing for an order of protection, but also requesting Domestic Violence assistance (which may include help with relocating) from an agency such as Hope's Door or My Sister's Place.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Does the family court ordered mandatory courses impact on my husband criminal court charges?

Q:  My husband now is facing both charges from criminal and family court for domestic violence (DV). And I am trying to reconcile with him by withdraw the case from family court which is the one i could control and in order not to affect his doctor career in the future, I told my lawyer to fully drop off the whole case and my lawyer said it is quite risky to do so since DV is a repeating behavior. So she suggested me to add a mandatory course court ordered him to go (batterers'). But my husband's lawyer asked him not to accept my request and he said this course is kinda like a probation which is not good for him to win the criminal case. I don't whether it is true or not. if it is true, what I can do to make sure he changed without putting records on him?


A:  David's Answer:  I don't see any direct impact on the criminal case. Indeed, the best plea he's likely to get in criminal court would be an ACD - which would almost always require him to complete a batterer's program anyway. If you're looking for a 2d opinion and/or for a full assessment, schedule a consultation with a Westchester Family Law attorney.   --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My wife lied and applied for a restraining order, I have a hearing on Wednesday in Putnam Family Court - is it possible to:

Q:  Obviously, they issued a TRO, I want to block or eliminate the restraining order from being issued on a temporary or permanent basis.

This is simply a ploy (she was coached by someone in law enforcement) to get me out of the house so that she will be in possession. I work in a law firm and have attorneys who would gladly go with me to court - family law is not what we do and I don't want to spend the next 2 days researching Lexis for answers - Bottom Line is that I want to vigorously defend myself against this unbelievably vicious and unfair manipulation of the legal system just to gain the upper hand in a divorce case.

I am looking for someone who is in family court in Putnam County on a VERY REGULAR BASIS - preferably with a law enforcement background, affiliations or relationships.


A:  David's Answer:  This site cannot make direct referrals. That said, you'd be best advised to file an order to show cause to vacate the TRO. You're also best advised to schedule a consultation with a Putnum/Westchester Family Law attorney.   --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Thursday, October 3, 2013

I am 16 and pregnant the father is 21 will he be able to sign the birth certificate without getting in trouble

Q:  My parents consent to the relationship


A: David's Answer: See my prior answer to your duplicate post - why on earth your parents would allow a senior in college to date a junior in high school is a moral question, not a legal one.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I am 16 and pregnant the father is 21 will he be able to sign the birth certificate without getting in trouble or arrested

Q:  My parents consented to the relationship will they get in trouble


A:  David's Answer:  By signing the acknowledgement of paternity, he's admitting to statutory rape. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Could my husband new wife make me change my husband last name that i kept after a divorce.

Q:  when i got married i kept my husband last name. could his new wife make me change my last name through court if she does not approve of us both having the same last name.


A:  David's Answer:  Generally-speaking, no. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can I don't answer the door when police try to serve me an temp order of protection?

Q:  my wife were at the family court in white plain yesterday and had a order of protection as she told me over the phone. Do I must answer the door when police knock? Can the police catch me on street to serve me? what will happen if someone other than police serve and I refuse to sign? Trust me my wife is little crazy, because she just ask the judge to have me stay away from her work, and no phone calls, and she allow me to stay at home, and allow me to take care of my kids, she simple just don't want to come home. Tomorrow, she even ask me to pick up the kids and her at the grandma' house to go to the beach.


A:  David's Answer:  If you evade service, then the Judge will most likely just order "affix-and-mail" service where the police can then just leave it at your door. Furthermore, if the order restricts your access to the children, by evading service, you will only interrupt your own visitation rights with your children, You're best advised to schedule a consultation with a Westchester Family Law attorney. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How to deal with a 17 year old teen that is abusing their parent and may be suffering from mental illness.

Q:  A very good female friend of mine is being tormented, terrorized, intimidated and verbally abused by her 17 year old son on a daily basis. The boy's father was physically abusive toward the boy's mother while they we married, but they have been divorced for 6 years. The 17 year old boy also has several mental health issues, including tourette's syndrome and OCD and is extremely antisocial. Is there any legal remedy aside from getting law enforcement involved? He refuses to see a doctor, let alone get any type of therapy. I am afraid that if anything is to be done, it would have to be somewhat soon as he will be 18 in December and I feel his mother will have absolutely no ability to address this situation either legally of medically.


A:  David's Answer:  If the child is turning 18 in December, then while theoretically she could file a PINS petition, there would likely be little the court would do between now & 3 months from now.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, October 2, 2013

Can i still be able to file a order of protection thru family court?

Q:  my ex and i have 4 children 14,13&12yr old twins he has not been involved in the kids lives for almost 11 years there was a final order of protection issued by idvc court criminal division and 3 additional charges of contempt of court. The order was 7yrs expired 2 1/2yrs ago last incident was 4yrs ago when he made threats against my unborn baby at the time filed a report with detectived but no arrest since he was across state lines. Now i found out hes secretly been in contact with our 13yr old. Hes never requested or wanted visitation when asked he told the judge no nor has he payed any support.. is it too late to file a restraining order thru family court?


A:  David's Answer:  There is no strict statute of limitations for orders of protection in Family Court, but the real issue is whether you really have a need for an order of protection. Perhaps your efforts are better spent addressing his visitation application. That said, for a full assessment, schedule a consultation with a Westchester Family Law attorney.   --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, September 28, 2013

Should I go today for the cheek swab test called by the police? what is the best I can say to the police and my wife?

Q:  me and my wife married for ten years with two kids. my wife recently had an affair with a male co-worker. she wants a divorce, running into little unhappy argument, nothing physical. she call the police and probably told them she had unwilling sex with me. which I deny. police took bed sheet last night, and want me to return to station today for a cheek swab test. my wife told me she did not go to the hospital for her dna test. she like me continue to be a good father to the kids and use this case to hold me sign the divorce paper and do not want to have me in any trouble.

Additional information
 
police did not call me again, I did not went for sample. my wife says did not go for medical or dna sample test. she will not want to see me in trouble, it will not be good for the kids. she just want to get a divorce. today, my wife just told me she got an order of protection for her only, not for this kids, she want me to remain in home and look after kids. the police is now ready to serve my paper. not received yet.
it just prove I am a great dad for kids, what would the cop think about the sex case?
appearantly, would any mom likely choose to leave the house and leave the kids for dad to take care. Does it prove the "rape" thing is not credible? This is just an easy reason for her to find in order to free herself. Would you give your kids to be looked after by someone mom accuse him to be a crimial of sexual assualt.
Does she still have a criminal case possibility?



A:  David's Answer: If the police are contacting you, you're best advised to re-post this query in the Practice Area of "Criminal." You should also call a criminal defense attorney immediately. That said, as a divorce case is imminent, you should call a Westchester Divorce attorney to schedule a consultation for a full assessment.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What happens if a non-custodial father has no income and can prove this to a judge

Q:  What happens if a non-custodial father has no income and can prove this to a judge when paternity is established for a child? He shows up in a the legal time frame. He lives with his wife a different woman that earns a lot of money.


A:  David's Answer:  The Magistrate can impute income to the father based on work experience and/or education, or may impute the portion of the support his wife is providing for him. Either way, he's probably better off just getting a job. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can a US court establish paternity by default

Q:  Can a US court establish paternity by default and order a United States citizen man to pay child support and suspend his US passport for not paying child support? The courts cannot locate this person, because he does not have a US mailing address and cannot garnish his wages, because they cannot locate any assets in the United States. He had sex with this woman in the United States but the mother suspects that he moved to Japan, before her child is born.


A:  David's Answer:  Yes, but I would wonder how the father was served with the petition if his whereabouts are unknown. More facts would be necessary in order to definitively answer this post.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What happens if a father files a paternity suit in the United States against a pregnant women

Q:  What happens if a father files a paternity suit in the United States against a pregnant women, before her child is born? The man can prove to the court he got this woman pregnant but cannot prove that she gave birth to a child or got abortion. A medical doctor is willing to testify that she was pregnant but does not know if she gave birth or got an abortion.


A:  David's Answer:  The Court would be extremely unlikely to order a DNA test on a fetus. Thus, such a petition would generally need to await the child's birth.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I have a question about Parental Alienation. I recently received an e-mail from my 15 year old child.

Q: That e-mail states that two therapists have told him its unhealthy for him to have a relationship with me. Followed by an e-mail from his father that basically stated the same thing. The last transcript from when we were in court a year ago, the therapist told his father that is was extremely important that our son have a relationship with me and that the father was to encourage one. That also supported by the child's attorney. As far as I know, the child is not seeing any therapists because the one that was in the court case says he hasn't seen our son since our last session. I had also asked 9 months ago the father and his atty if the child was seeing one, no response. The father is unilaterally going against the court, the child's atty and the therapist on record. Is there a case?

Additional information
 
We had evals done, and I would assume if there was an issue, the courts would have taken away my rights and his atty would have certainly demanded that, not do the opposite and try and get a reconciliation. His own atty stated in court that 'they hoped for a reconciliation'. Clearly there is no way to do that when the child is being told I am unhealthy for him. I did file violation papers, but these e-mails came after. I waiting to see if the court orders or not. Knowing that I may have lost my son until he is older, are there any repercussions I can ask the court for? There is a visitation order, but I was asked to give our son time to come around. Which I did, though periodically trying to maintain relevance and a connection with e-mails and gifts. My son rarely responds to my e-mails and when he does, they are very hostile. I haven't seen him in about two years now. No, I am not incarcerated in any way. I have a great job, engaged and stepmom to two teens.


A:  David's Answer:  Let's put it this way - you will either need to choose to enforce your visitation rights - or not. If you allow the father to co-op the child into refusing visitation, then the Court will be all the less sympathetic toward you if you allow the situation to persist & then file a case a year (or later) from now. Your should additionally consider filing a petition to terminate child support based on an unjustified refusal to visit. For a full assessment, schedule a consultation with a Westchester Child Custody attorney.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, September 21, 2013

I want to evict my 22-year old son from my home. Do I have any legal standing?

Q:  We recently filed an order of protection against him. He cannot say or act violent toward anyone in the home. He is disrespectful, does not work and does not follow the household rules. We are in the process of having him served with a 30 day Notice to Terminate.


A:  David's Answer:  If there is no basis to have him removed on the family offense case (though this would need to be assessed), then you would need to re-post this question in the "Landlord-Tenant" practice area.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Tuesday, September 17, 2013

Is there any way for a 17 year old to move out without having to go through the emancipation process?

Q:  I want to move in with a family that I know but I wasn't sure if there were any way to do it without a big legal fuss from my parents. I just don't want to be in this house anymore because of tension and it's very stressful to me.


A:  David's Answer:  Under New York law, you are still a minor until age 18. If you move out without your parent's consent beforehand, you risk having them file a PINS petition. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What do i right in a report to amended a cps report from being indicated to unfounded

Q:  Cps was called on me by the school stating I get drink and get out of control because i do not take my medicine.,lithium. I do take medicine,the report was false. Also I have been accused of giving my daughter a black eye when i was trying to take her electronic devices away. I never hit my daughter. I have a police report stating I was the victim.


A:  David's Answer:  You should get a letter from your therapist confirming you're taking your medicine. Furthermore, the letter you were provided by CPS stating the report was indicated also provides the address you need to write to (within 90 days of the date of the letter) to request an administrative review. You should also schedule a consultation with a Family Law attorney in your area, particularly one with experience in CPS matters. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Looking for a pro bono lawyer for my family court case. Can someone please help?

Q:  I have court on October 4, 2013. It was for modification. But now it is for modification and violation. The mother of my child keeps lying in court and the judge does not listen to my side of the story. Can someone please help me as I can't not afford lawyer and don't want to wait for the last minute for the courts to appoint one for me because I have been screw that way also.


A:  David's Answer:  There are extremely few lawyers who accept pro bono cases - most of them work for law school clinics or similar non-profit organizations. You can either ask the court to assign you a free lawyer, or shop around & see if you can retain an attorney on a sliding scale.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, September 14, 2013

I was served with papers.to appear in family court in 5 days, I cannot attend on short notice, what can I do?

Q:  I have been out of work and have no income I receive Medicaid, SNAP AND HEAP and am in deep on child support I have a great relationship with my sons who are 22 and 20 How do I get the appearance rescheduled?

Additional information
 
My wife works and I care for our kids 2 year old twins and a 3 year old she cannot get day off


A:  David's Answer:  The question becomes: if you're out of work, why can't you attend court? Generally the "press of other business" is not a legal reason for not showing up to court. You can try writing the court a letter & while sometimes that works, if it doesn't then the court may proceed in your absence. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, September 11, 2013

Is there any legal recourse I can take against an ex that is harassing me and my family by phone and text?

Q:  My ex keeps coming up with new things she believes I owe her and I receive threatening texts almost every day. She even goes as far as calling my parents. When does this become against the law?


A:  David's Answer:  File for an order of protection in the Family Court.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Want custody of my grandchild

Q:  Child protective services took my granddaughter from hospital when we petitioned child protective services they showed to my home with themselves n six police officto telle they don't no where my granddaughter is n then sent two detectives two hours later to confirm they don't no where as she is n insinuate my daughter has her they lost my grandchild and court is the end of this month


A:  David's Answer:  You should file a petition for custody. You will need to serve CPS as well as the mother & father with the summons & petition. For a full assessment, schedule a consultation with a Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I requested a court appointed attorney for my upcoming visitation and custody modification hearing.

Q:  I was appointed an attorney a few years ago when I initially filed. Now that a couple of years of have passed, the judge requested I fill out a financial affidavit. (my income has only change a few thousand) Do i need to provide my ex and the child attorney a copy of my financial affidavit or can I send them only a copy of the letter to judge without my financial affidavit? Thank you in advance.


A:  David's Answer:  Unless you have something to hide, you should provide all correspondence (& attachments) submitted to the Judge to the other side.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

If someone had a restraining order put on them in family court and they are found guilty of DV can the charge be dropped?

Q: After being found guilty in a family court hearing of DV and a restraining order is finalized is it possible to have any charges on your record dropped oif the victim wanted them dropped or do those charges stay on the person's record forever? The person was never arrested for this incident.


A:  David's Answer:  There is no such thing that I'm aware of. I suppose one could file a motion to vacate the finding, but it may also subject the other party to sanctions and/or a perjury charge. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, September 7, 2013

Have an order of protection from Family Court against my husband, I recently received a letter from him. Will he be charged?

Q:  This order is from a domestic violence act which refrains him from much much more. This said I recently received a letter from him asking me for some documents he needs to resolve another case in Canada. He also stated that he would proceed with our divorce which has been pending since November '2012 otherwise he will not take any action. This in my eyes is a violation of the order I have, will he be charged? If not, I might be aggravating him and then he might not follow through with signing the divorce documents. Looking for some guidance on how severe his punishment would be if any? Thanks


A:  David's Answer:  The question is whether the order of protection includes a "no contact" provision. If yes, and he was personally served with a copy of the order, then this would appear to be a technical violation of the order. That said, because the substance of the letter was not intended t harass you, the Judge would likely let him off with a warning (perhaps after spending a day in jail if a warrant needs to be issued).   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Friday, September 6, 2013

NY-Child Support question

Q: Divorced since '04. 17 y.o. twins. Modification of child support possibly, if I agree. Support by ex (who has moved to CA and remarried) is supposed to be moved up from $1200/mo. to $1700/mo. as per agmt drawn up 10/09 and I am supposed to give ex half of apt where children and I reside. He is self-employed , I am admin asst. Tough times for me with money and increased credit card balances. He offers to let me stay and I let him keep payments at $1200. He credits me (as he has in past) toward sale of apt. It stands I give him $50K as past agmts. He will now allow me a credit of another $12,000 or so. It seems fair, but I struggle day to day. He is in child support enforcement. Can he and I write up agmt ourselves and have it notarized? Is this legal or do I need a lawyer to do?


A: There is particular language you would need included to have the agreement be enforceable. Thus, it is best that you have an attorney do the modification agreement. Moreover, assuming it was incorporated into your divorce judgment, you would also need the judgment modified as well.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How does one ensure that the attorney for the children does their due diligence in representing the children?

Q:  I feel that the attorney for my children is not representing them with due diligence. I do not believe this person can represent best interest without investigating the children’s complete circumstance and knowing what is true or untrue in the case that will decide their futures. To my knowledge this attorney has made no effort to verify any allegations including illegal activity, forgery, & perjury, manipulation, fear mongering & parental alienation.  I feel that this attorney is biased to the children remaining in their current location overlooking the fact that my spouse does not reside there as claimed. This means that the children are being raised by a third party instead of their parents. This attorney seems perfectly comfortable relying on affidavits and evaluations, making court appearances & collecting fees rather then exhorting any effort to truly determine what is in the children’s best interest and how best to represent them.  I have read Adopting Law Guardian Standards and The Chief Judge Clarifies the Role of Attorneys for Children NYSBA Family Law Review… but they all seem vague. Any advice would be greatly appreciated!


A: Part of your confusion stems from a misunderstanding of the role of the Attorney for the Children. The Attorney is NOT an investigator, and thus has no duty to "investigate the facts." The Attorney is there to represent his/her clients, and thus as best as s/he is able to s/he should ascertain their position on the particular issues before the Court. Your attorney - in collaboration with you - should be gathering evidence and attempting to persuade both the Judge & the Attorney for the Child to come around to your perspective.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can I sue my ex-spouse for lying under oath (perjury) re: abuse in our child custody trial?

Q: The statements are completely false and were intentional, can be proven, and has caused damage in our case.. My son has been taken from me temporarily and we are in a heated trial that is bankrupting me!.. if so, is there a statute of limitation.. I was told that this is not defamation or slander but perjury..


A: First, you should concentrate on winning the custody trial by using the evidence you've obtained. There are generally civil tort claims you can pursue, including abuse of process. You are best advised to consult a civil litigation lawyer on such a claim.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I obtain a copy of my forensic evaluation reports?

Q: The judge ordered that a report be submitted to the court. The court sent copies to the attorneys. My attorney has quickly read it to me but says that they are not allowed to give me a copy. Nowhere in the order does it state that I am not allowed a copy and I have found no law that disallows me from having the report. The order did state that neither attorney shall have contact with the evaluator except for payment issues. it did not state that I may not request a copy although I believe he would not give it. I did go to the court to see if it was in my records and was told that it is in the judges records and they would not give me a copy. What should I do to obtain these reports? Thanks very much for any advice!


A: To my knowledge, It is the current policy of the Westchester courts not to allow the parties to have a copy of the report. That said, unless there is a specific order to the contrary, your attorney should allow you to read the report in his/her office.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, September 4, 2013

How do I get emancipated at 17 in New York

Q:  How do I go about getting emancipated at 17 in order to be declared a legal adult and get out of my parents house?


A:  David's Answer:  There is no specific application or petition to "emancipate" yourself. Until you are 18, you are still (legally-speaking) a child who must be governed by your parents. Understand that if you leave the house against your parents wishes, you forfeit your ability to request any financial support from them.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, August 28, 2013

I need to know if I have open case with A.C.S. and what are my charges to this case

Q:  My name is Latrena Gray I need to know if my right was removed from me. and if the state have any record of this information the case was done in Jan of 2008 and I'm still going to court for my last. child since 2007 can you please call me back or e-mail me thank you


A:  David's Answer:  If you're still going to court, one would think your case is still open. Moreover, if you still have an active court case, you also likely have an attorney assigned to you - thus you should inquire of your attorney who would be in the best position of letting you know. No attorney who is NOT an attorney of record on the case can access the records to be able to provide you further information. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How long is a permanent order of protection in new york state?

Q: Is it typically for 2 years after in place?


A:  David's Answer:  This depends on whether you're in criminal court or Family court. If you're in Family Court, then yes, the "typical" order of protection is 2 years. If there are aggravating circumstances, then it may be as long as 5 years. That said, if the parties settle, then typically the "settled" order s only for 1 year.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My brother is trying to make my neice go live with her mother but she does not get along with her at all she is 16 years old and

Q:  my brother is trying to make my neice go live with her mother but she does not get along with her at all she is 16 years old and loves living with her dad but her father my brother is says her mother could raise her better to be a lady can my niece refuse to go live with her mother and keep staying with her dad my brother even if he doesn't want her to?


A:  David's Answer:  Ultimately until she is 18 she must live pursuant to her parent's rules. As such, if her father wants her to live with her mother, there's not a lot she can do to "object." It may be suggested that they have some family counseling if the problems are that serious. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How can trace a child that is biologically mine but was never aware at the time that i impregnated the mother.

Q:  the mother and I were hall mates at University in Canada in late 70s.


A:  David's Answer:  If the "child" is now over 21 (as it would appear) then this is nothing a lawyer can help you with. You need to either do an online search or hire a private investigator.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, August 17, 2013

Hey i have aa friend thats been abused what options doess she have

Q:  hey im 16 and i been abused by my stepmom and dad i been punched hit kicked with objects and my stepbrother tryed to rape me when i was 12 and he. has punched me in my face repeatdly really badly and i had acs case for not going to school for a while i had a picture of my face when he hit me because i wanted to show it to the police and acs took my phone away and deleted it...and my stepmom constantly kicks me out in the morning at 6 and leaves me in the streer what can i do.....my parents and stepbrother and brother even go . in to the bathroom when im showering what can i do?


A:  David's Answer:  You can confide in a teacher or guidance counselor at school. You may also call in a report to the NYS Child Abuse Hotline. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What are the main differences between filing separately and filing jointly as married?

Q:  If i file separately and married , do i still have to pay tax on half my spouses income as it is considered marital income? Would a prenuptial agreement or post nuptial agreement be able to make it so that i just pay tax on what i personally earn?


A:  David's Answer:  A pre-nup cannot change tax liability between you & the IRS because the IRS is not a party to the pre-nup. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

In marriage pay checks are considered marital property? Can a prenuptial say that they just belong to each spouse separately?

Q:  Just wondering


A:  David's Answer:  Paychecks in themselves are not "property." The money derived from the paychecks, to the degree they're deposited into an account, become an asset in that way. It's the assets themselves which need to be addressed in the pre-nup. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Prenuptial AND a postnuptial to 'cover ' something we forgot to in the prenup?

Q:  If we forget to include something in the prenuptial can the postnuptial address it separately? If we left out how we want to deal with some issue such as inheritances or pensions in the prenup can this issue be properly 'covered' in a postnuptial to 'complement' the prenuptial?


A:  David's Answer:  You can do a modification of the pre-nup.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

PRENUPTIAL VOIDED if it clarified separate and marital funds but funds got commingled anyway?

Q:  If something is done that is contrary to what the prenup was supposed to clarify such as separate property or any other clause. Would the prenup be of no use in court? How might it be judged?


A:  David's Answer:  This question cannot be definitively answered without a review of the agreement. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Sunday, August 11, 2013

Appeal process to higher court

Q: I have appealed a decision for unreimbursed medical expenses. I appealed based on that I was never confered with medical needs or expenses in over 10 years. The original child support order stated I MUST be consulted with all medical needs and never was and IF I was I could use the court to make a decision (Which I did once I was handed bills in excess of $6000). It was openly admitted in court that my ex never spoke to me about bills or medical needs. I appealed based on that and was denied. The apeal judge stated "I should have utilized proper legal mechanisms to address that issue". What other mechanism(s) did I miss? I went to court immediately once I was handed the bills. I wish to apeal the decision to a higher court. Any help would be greatly appreciated.


A: I would surmise that you filed an Objection, which was denied - and now you wish to appeal to the Appellate Division. Assuming this to be the case, you must file your Notice of Appeal within 30 days of the date of the decision. Thus, I highly encourage you to contact my office for a free initial consultation. - 914-468-0968.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My boyfriend's ex girlfriend filed a restraining order against him and put my name in the order of protection without my consent

Q: I did not go to court at all, I did not press charges, I was not even in New York when any of this happened. His girlfriend knows my number and my name so I do not know how she got consent in any way, shape or form to get permission from me because I blocked her from calling me. I never made contact with her.


A: You should consider filing an application to vacate that protion of the order of protection. To schedule a free initial consultation to discuss the matter more fully, just given my office a call at 914-468-0968.  -- David Bliven, White Plains Family Law attorney (www.blivenlaw.net)

What is the required time-frame to provided my wife's attorney with a Demand for Net Worth Statement in a divorce action?

Q: I am a defendant in a divorce action in Westchester County, New York. The Demands specifically states 20 days. I am concerned because the initial demand for the Answer to the filed complaint also indicated 20 days but later discovered that the legal time-frame to file was 40 days. Also note that a date for a Preliminary Conference has been set.


A: Per court rules, the net worth statement should generally be filed and served 10 days prior to the Preliminary Conference. That said, you should strongly consider having a consultation with a matrimonial attorney - I have an office in White Plains & would be happy to meet with you at a free initial consultation (my number is 914-468-0968).  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my spouse leave NY on vacation with kids then notify me of her preplanned move to Utah with kids? No court or divorce docs.

Q: Spouse left NY w/kids to Cali for vacation and after 1 month notified me of plans to move to Utah and live with father, stating it's better for the kids. We have problems but none domestic. She took all monies in account, kids school docs, address books and cancelled lease renewal. We have two 11yr olds and a 10yr old. In NY 10yrs, all three in same school district since grade K, active in three sports each, including school and church activities. I am the sole provider. She has obtained her Masters recently but has refused to work. Divorce is clear. I went to court for a Writ to have her bring back the kids but the judge only gave her an appearence 28th Aug, one day after her planned return, no kids required. I have no money to mail. She returned today to get stuff, alone. Can I serve her?


A: You should definitely consult an attorney right away. In addition to the writ application, you should also file a petition for custody and/or visitation. If she is determined to move with the kids, then you will need a good attorney at your side right from the beginning.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)


Saturday, August 10, 2013

I need advices

Q:  Is using a belt and leaving bruises on a child back consider an assault on the second degree in new York?


A: David's Answer:  Probably not, but it depends on the extent. A Judge/Jury would need to determine the belt is a "dangerous instrument" capable of causing a "serious physical injury," and it's unlikely a normal belt would have that capability. That said, your scenario may be considered assault in the third or endangering the welfare of a child. Either way, it's a serious offense such that you (if it's you being charged) should consult an experienced criminal defense lawyer. You would probably also face Family Court neglect charges - and if so you should call a White Plains Child Abuse attorney. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can i sue my sister in law who is spreading rumors and damaging my son reputation in community we live in.

Q:  she got divorced from my brother and my brother was seeing the kids on weekend only they are waiting for custody. she stopped the kids to see the father, who is currently living with me. she told them you cant go to your aunts (me) house because a drug user is in the house. and also she told the social worker same thing. she spread rumors that my son got arrested. all lies. she did damage to my reputation in community but i let it go but now she is hurting my sons feeling and his good character. my brothers kids called and said mom said you cant go because your cousin is a drug user and got arrested they even emailed to my brother asking is my son got arrested. my son is 16. can i sue her. today when kids social services called she told us that she spoke to her even about my son.


A:  David's Answer:  Technically a "libel" suit (the category you posted under) is a written form of slander - and there is nothing stated about her doing anything in writing. Moreover, slander usually entails some form of demonstrable economic injury. You may wish to report her to the police; while it's unlikely they'll actually arrest her, they may "encourage her" to cut it out. Ultimately, depending on the circumstances, you may be able to consult a Family Law attorney about filing for an order of protection. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Does the family court ordered mandatory courses impact on my husband criminal court charges?

Q:  My husband now is facing both charges from criminal and family court for domestic violence (DV). And I am trying to reconcile with him by withdraw the case from family court which is the one i could control and in order not to affect his doctor career in the future, I told my lawyer to fully drop off the whole case and my lawyer said it is quite risky to do so since DV is a repeating behavior. So she suggested me to add a mandatory course court ordered him to go (batterers'). But my husband's lawyer asked him not to accept my request and he said this course is kinda like a probation which is not good for him to win the criminal case. I don't whether it is true or not. if it is true, what I can do to make sure he changed without putting records on him?


A:  David's Answer:  I don't see any direct impact on the criminal case. Indeed, the best plea he's likely to get in criminal court would be an ACD - which would almost always require him to complete a batterer's program anyway. If you're looking for a 2d opinion and/or for a full assessment, schedule a consultation with a Westchester Family Law attorney. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)