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 (

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 (

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 (

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 (

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 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 (

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 (

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 (

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 (

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 (

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 (

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 (

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 (

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 (

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 (

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 (

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 (

Wednesday, August 7, 2013

Do I need a job in order to get physical custody of my children?

Q:  In my last question I asked "how can I get physical custody of my children because they are living their grandmother (my ex-mother-n-law) instead of their father?. " Today I called my children today and my daughter is terrified to speak to me. I was laid off in August 2012 and I am currently receiving unemployment...etc. I wanted to know if their is a sufficient income amount I must make in order to get physical custody of my children? Because I am apprehensive of going back to court because he makes significantly more than I do. However, there has been one significant change I currently reside in my own apartment as opposed to before.

A:  David's Answer:  Having income betters your chances of getting custody, but merely subsisting on unemployment does not preclude you from getting custody if you otherwise have a meritorious case. The reason is that you'd be getting child support from the other parent to supplement your unemployment compensation if you win custody. That said, custody is a relatively complex case which you should not attempt to handle on your own. I highly encourage you to contact a Westchester Co. Family Law attorney to schedule a free consultation.  --  David Bliven, Westchester Family Law attorney (

How can i get my children back form foster care with a family member?

Q:  my two beautiful children have been in foster care for the pass two years . i feel that my court apportioned lawyer is not doing enough . in terms of pushing for me to get my children back . please help me .

A:  David's Answer:  You should shop around & set-up consultations with Westchester Co. attorney who handle child protective matters. There are listings of such attorneys on the Avvo website as well as other attorney client matching websites. I thus encourage you to call a White Plains Child Neglect defense attorney to schedule an appointment. --  David Bliven, Westchester Family Law attorney (

Sunday, August 4, 2013

Ex will not provide address where child will be during vacation. Violation?

Q:  Our order states that we must exchange the address where our child will be if she is away from any parent's residence for more than two days. My ex and child went on vacation for two weeks and my ex will not provide the address where they will be staying. I've asked several times but my ex will not comply with the order. I have a court date to modify and address another violation against my ex in two weeks so should I file another violation petition? or should I just mention it at the hearing? I have always provided my ex with the details of my summer plans but my ex continues to ignore the basic exchange requirements noted in the order. will the judge get mad if if I file another violation petition?

A:  David's Answer:   It would appear to be a violation. That said, you have to serve him more than 8 days prior to the court date & weekends count. Thus, you'd be cutting it close in any event to file it now. You may wish to mention it at the hearing & see if Judge will address it then. For a full assessment, schedule a consultation with a Westchester Family Law attorney.  --  David Bliven, Westchester Family Law attorney (

My son turn 5 in 2014, meaning school enrollment. I live in NY his mother in Oakland County. We share physical & legal custody.

Q:  What does a judge base a decision on where Our son will go to school?

A:  David's Answer:  If you mean "Oakland County" as in Michigan, then despite the words on the paper, you would not appear to have de facto shared custody (assuming that's what the order says, as opposed to "joint custody"). If the child resides the majority of the time with the mother, then the Court will likely allow her to enroll the child there. That said, which state issued the custody order? If MI issued the order, then you'd need to consult a lawyer there. In any event, for a full assessment, you're best advised to schedule a consultation with a Westchester Family Law attorney.   --  David Bliven, Westchester Family Law attorney (

Cps is investigating a false claim of child abuse

Q:  My son has been disanosed with an std and has had surgery in the past month for that issue, so he was in very bad pain and went to the er so they can give him a higher dose of pain medicine, but with that visit someone has reported that with his father having an std that they wanna believe that it was molestation which studies shows that people can contact it from using the same towels and washcloths, but he had told the cps people no abuse happened yet there still gonna continue on and put this kid though an embarassing process, i think this is violated this childs rights

Additional information
Because they wanna find out what type of hpv strains he has so, even with having the virus itself is very embarrassing, so taking this teenager and examining him would just be an invasion of privacy and me and his mother is scared that these people arent here for his best interest, i think this is molesting my child from an state worker can you give me information about this and thank you very much. so everyone is saying to allow the investigation to continue but i haven't heard anyone say or ask if there was any kind of search warrant issue of any sort which there was not, so wheres all the constitutional or civil lawyers at when you need a good answer or better information, when parents rights at stake. Saying that people need to investigate chemung county's cps workers there the worst in new york period..

A:  David's Answer:   Here's the problem: you can object, but all CPS needs to do is go to court & get a court order of investigation (the equivalent of a warrant) - and they had those out like candy. You may then file a motion to challenge the issuance of the order, but before you do all this I'd highly advise that you have an in-office consultation with a Family Law attorney in your area well-experienced with CPS matters. You cannot receive any definitive opinion on a forum like this as it does not allow for a full exploration of the background.  --  David Bliven, Westchester Family Law attorney (

Ny daughter told her teachers that my husband her father phyiscally and sexually abused her. She is 14 years old twin.

Q:  I have been married 23 years and never would support a man like c that. Cps is pushing me to get some custody so u have to go tomorrow. My daughter has had many mentally issued since then and was admitted to a mental hospital along with out patient services. Her twin sister backs up my husband 100 percent. My other daughter has agreed to let her dad home and we all agreed after ind. Therapy, family therapy and for any therapy till she feels comfortable. I husband has been out of the house for over six weeks now and has server panik attacks. He is starting therapy tomorrow. My question we are working on becoming a family again. It will be a different family especially since my daughter has admitted to hating her da d. And v that I don't deserve s man like that in my life. Help

A: David's Answer: I would disagree that you "shouldn't go to the courts." If CPS is advising you to file for custody, you should not conclude that it's best to disregard their recommendation, especially without sitting down with a Family Law attorney in your area & having a full assessment of the situation. In some cases CPS does more harm than good, but one cannot paint with so broad a brush as to believe they never actually help the situation either. Thus, schedule a consultation with a Child Abuse defense attorney in your area for a full assessment. --  David Bliven, Westchester Family Law attorney (