Saturday, March 29, 2014

In New York State, if an unmarried non biological father signs a childs AOP in the hospital, can biological father still be held

Q: In New York State, if an unmarried non biological father signs a childs AOP in the hospital, can biological father still be held responsible for child support? With a paternity test?


A: David's Answer:  Yes - generally one waives a DNA test if one signs the acknowledgment. Under such circumstances, the putative father would have up to 60 days to move to vacate the acknowledgment. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

The name on my birth certificate is my legal name right?

Q:  I wasn't born in the us I am born a aboard citizen, I was giving two name at birth and on my birth certificate it goes something like this: Bob Smith ( John Doe) so my quest is that my legal name would be Bob Smith right? inside of US


A:  David's Answer:  Yes, generally the name printed on your birth certificate is your "legal name."   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Questions about non-custodial parent's rights when child lives in a different state?

Q:  My ex and I both reside outside of CT where we lived when we were married. My child and I are in NY and he is in PA. He recently spoke with a lawyer and has hit me with a barrage of threats over modifying stipulation. All because he is no longer employed and I have not received child support. He's threatening to sue me for health coverage he paid for our child over the course of the last 3 years. Prior to that, I covered the health insurance for 4 years. Our divorce states "both parties are responsible for health insurance through the employment as long as the coverage is a reasonable cost". He has stated he would like me to start driving my child to see him on the weekends (200 miles). He is unemployed and I work 45 hrs. Driving my child would be a great inconvenience. What are my rights?


A:  David's Answer:  Preliminarily, was your divorce done in NY or CT? If done in CT, then you will need to modify/enforce there - and as such should re-post your question in that state's forum. If done in NY, then you should file a petition/application to modify/enforce here in NY. As for who's responsible for the health coverage, this depends on whether there was a separate provision for "unreimbursed medical expenses." If there was, then out-of-pocket medical insurance premiums would indeed be an example of such an expense. Speak to a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

CPS was called and came to my home, the said the claim was unfounded. what happens now

Q:  CPS was called and came to my home, the said the claim was unfounded. what happens now


A:  David's Answer:  Unfounded reports are automatically sealed and such information cannot be accessed by schools or potential employers. The only entity which would still have access to the report is OCFS and CPS. If this remains a concern, you can file an action to expunge the records. Speak to a Family Law attorney in your area for more info.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How can I get a third party person involved in child visitation exchange

Q:  The mother is abusive in her language towards me the father in front of my children when I have to pick them up and drop them off at her residents.. I would like to have an alternative place or person to make the exchange to keep peace in front of our children


A:  David's Answer:  You'd need to file a petition for a visitation order - or to modify the visitation order already in place. As proof, you may tape-record the mother's statements when she uses that language & play it back for the Judge. Speak to a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

If I didn't follow through with visits can they be terminated

Q:  Mother does not want her children around my girlfriend so I stopped getting my boys until the court lifts it's temporarily order she not be around them during the fathers visit.there's no leagel reason to keep her away,she has full placement of her own two children. How can I get this lifted,and can I legally stop my visits until the order is changed?


A:  David's Answer:  You should not stop visiting your children, as that may be detrimental to your relationship with them & affect the ultimate disposition in your case. If there's a temporary order in place restricting you from having the children in the presence of your girlfriend, then generally you may either appeal or go to a hearing on the issue. At the least, you should have an attorney representing you. Speak to a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I have placement of my children,joint custody.i have to do weekends,can I choose who watches my kids

Q:  Father has no stable place to live

Additional information
 
Father will not agree with who I chose,I. Have a c p s report that was indicated against him for drugs around my children well there on a visit.It was dated back dec 2013.will this help my case to leave them in my house with who I choose for their stability


A:  David's Answer:  If your question is whether you get to choose who babysits your children in your home, then generally it would be you. That said, if there are no custody orders - and to the degree disputes are already cropping up between you & the father - you're best advised to file a petition in Family Court for a custody order. Speak to a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I locate a Foreign Judgment form to register my court order Visitation from NYS into. Texas

Q:  I have been trying for three months to reigister my court order as a Foreign Judgment. I have spoken to several attorneys in Texas as to where I can obtain the necessary form. I was advised to contact the Family Court Clerk, as they should have the forms. I called them, and was advised to check out the Texas Law Website. I did. No forms. I called the Texas Law Library. They couldn't select the necessary form I would need to come to the courthouse. I live in New York. They told me to check with the New York Law Library. They didn't have any Texas forms. At this time I can not afford to hire an attorney. The attorney's want a high retainer. I would be willing to pay by the hour.


A:  David's Answer:  You should re-post your query in the Texas forum as only a TX lawyer would be able to tell you what form they require.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Abandonment laws NY?

Q:  My daughters gatherers saw her January 24th and I know it hasn't been that long but he just had another baby and said he isn't going to see my daughter for a "while" till things settle down and he can get a job. Is there any abandonment laws in ny that I could take him to court for? When could I take him?


A:  David's Answer:  If he goes more than 6 months without seeing the child, he may be found to have legally abandoned the child. If there is a visitation order in place, you can then file a petition to suspend his visitation. You may also file an adoption matter if you have a significant other who may be looking to adopt your daughter. Speak to a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I just got recently divorced & planning to marry fiancee.. If i get marriage license, if they ask me when was divorce granted...

Q:  Which one should I use?.. The date when judge signed divorce papers? Or the date when it was entered by the county clerk?


A:  David's Answer:  It would need to be date of entry. Schedule a consult with a Family Law attorney in your area for more info.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What is the age in newyork state when a child can move out of there parents house to go with the other parent or on their own

Q:  Im 16 and i am not happy in mt household


A:  David's Answer:  If you wish to go live with the other parent, have the other parent file a modification of custody petition with the Family Court. So long as your reasons for wanting to live with the other parent are sound & you are not at risk of abuse/neglect by that other parent, I don't see any reason why the Court wouldn't approve same at your age. Have the other parent schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can I sue my father for college tuition not paid per the divorce agreement between him and my mother? pain and suffering?

Q:  My military father abandoned his three children when my parents divorced when I was 12 (I am the oldest) Immediately following he was remarried with child. He did not pay all child support payments, nor did he make any effort to see his children or keep his financial obligations. The divorce agreement stated he was to pay 50% of college tuition, - he hasn't done this for any of his three children. - However he sent his new wife through college. I have suffered health issues, financial issues because of his lack of parental responsibility.


A:  David's Answer:  Generally it should be your mother who files the application as she was the party to the case. If your mother is unwilling to do so, then the issue would become who paid the bill - if you did, then it's arguable you could sue as an intervenor. That said, you would generally have up to 20 years from when the judgment was signed to file a lawsuit - has that time passed? Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My ex-spouse makes excuses not to schedule visitation, which costs me about $10,000 a year in legal and unused travel expenses.

Q:  I have an extremely irrational & contentious out of state Ex. They view our children as an arsenal to retaliate for our divorce; after I left our miserable, and increasingly frightening marriage. Assuming a huge child support check would come with custody, they pursued custody, and played fast and loose with the facts, & put the children's best interests, emotionally & otherwise, last. I was ordered to pay 2x the child support my income indicated; but they want me to "voluntarily" pay 5x. My refusal was met with fraudulent expenses being submitted, and refusal to organize visitation in a timely manner. My ex-spouse makes $200,000 a year. On average I make $20,000-$30,000 and almost everything I make goes to the kids either in child support, medical, visitation and attorneys. New ideas?


A:  David's Answer:  Preliminarily, is your case pending in NY or another state? If in another state, you'd be best to re-post your query in that state's forum. Assuming NY, I'd suggest to file a counter-motion to request counsel fees based on a disparity of income. Family Court has the same ability as Supreme to award counsel fees to the less-monied spouse (or ex-spouse). Schedule a consult with a Family Law attorney in your area.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can I at 17 years old move out of my fathers house?

Q:  I would like to know if i can move out at 17 . I'm having trouble at home


A:  David's Answer:  Generally you must do so only with your parent's consent, as otherwise your parents could file a "person in need of supervision" petition against you in Family Court. That said, the age of emancipation in NY for custody purposes is 18, not 21.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My kids are in foster care they were in a previous foster home being neglected and abused I had a meeting with the director and

Q:  Still nothing was done no investigation on my kids allegations or injuries they continued living there for next two years being abused now my son in a psychiatric hospital


A:  David's Answer:  You may wish to consider filing a lawsuit against the agency. You will ultimately need to prove that, but-for their inaction, the children either would not have been harmed or their harm would have been mitigated. You should be aware that there are time limits within which to file a lawsuit - 90 days from the date of the incident to file a notice of state law claims & 3 years to file federal claims. Schedule a consult with a NYC Civil Rights lawyer for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Monday, March 24, 2014

Is it possible once me and my fiance get married to change my sons last name to his ?

Q:  My fiance and i are soon to be married weve raised a 5 year old who my fiance isnt the biological father . Since we are getting married we want to add his last name to my sons name would it be possible ? My childs biological father never signed the birth certificate , he never has been and doesnt desire any rights to my child i was told he was deported to his country a couple months back ? I never was married or anything with my sons biological father i was 16 when i got pregnant and he was 21 he has a warrant out for his arrest . Would it be possible to change my sons last name once married to my fiance ?


A:  David's Answer:  You'd still need to commence a change-of-name proceeding. Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Orders of protection

Q:  Can I file for restraining orders in ny against a friend of my ex in the name of my daughter. The persons I am seeking to place orders against are a boyfriend girlfriend couple where the boyfriend is in a motorcycle club known to be violent and my ex did put a threat against my life as well as I have been informed that he is a sex offender


A:  David's Answer:  In Family Court, you wouldn't be able to file for an order of protection against a friend of your ex. You may, however, be able to file for an OP against your ex and/or a petition to restrict his visitation. Speak to a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What do I need to file a restraining order?

Q:  1. She is my Ex Wife and continues to create chaos in my present relationship.
2. She has full custody of our two daughters who are 6 and 8.
3. We are legally divorced and have a visitation arrangement since I live in CA.
4. She harasses us in waves. Peace for a few months and then antics.
5. Latest antic is she fabricated an email stating that I was saying that I love her and I want to be with her still.
6. Her antics are slowly hindering my relationship.
7. The only method of communication with our daughters in through her phone.

Additional information
 
My ex-wife lives in Baldwinsville, NY with our Daughters.


A:  David's Answer:  "Antics" in & of themselves do not provide grounds for an order of protection. To receive same, you must allege & be prepared to prove she's committed domestic violence. Thus, you'd need to provide more specifics as to what her "antics" entail. Schedule a consult with a Family Law attorney.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, March 19, 2014

Can I be held in contempt of court for breaking a court order if cps said not to send my child there

Q:  My child told Cepep that his grandmother has been sexually abusing him and has told his councler that his grandma has threatened to slice his throat. Cps,preventive worker and the detective have said do not send him there and now grandma has filed violation of a court order. And the reason I have not filed a motion with tha court cuz cps said we had to wait till investigation was over with and last week the cps worker told me she was be indacated on inadequate gardianship so when I go to court for the order to show cause will I get in trouble. The preventive worker and the detective will be at court with me


A:  David's Answer:  You should file a cross-motion for modification of the order. The issue ultimately will be whether you willfully violated the order - and from the facts you've presented this seems unlikely. Schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Could Bill Clinton have been accused of a crime under the NY Penal Law for his sexual actions with Monica Lewinsky?

Q:  Marriage


A:  David's Answer:  If your question is based on an interpretation of current law, no.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Past CPS case and pregnant. Will I be able to keep my new baby?

Q:  I had a CPS case that went on and on for 2 years in AZ. I was over my head in services and didn't know what to do. they eventually accused me of abusing my child on an unsupervised visit (which did NOT happen) and I ended up losing custody. I'm now pregnant in NY and am wondering if CPS is going to come after my new baby.


A:  David's Answer:  The hospital would not necessarily check your child protective history, especially from other states. As such, unless AZ authorities alert NY authorities, you shouldn't run into a problem - unless of course you abuse or neglect your newborn (hopefully not).  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, March 15, 2014

If i file a violation petition for enforcement of a visitation order could it be thrown out?

Q:  I have many dates times police reports of my kids being with held physically and on the phone. I've had many times of not communicating with my ex because she does not care to call me to tell me about my kids doctors appts. All these are violations on our agreement and i hve it all typed up- my only concern is will the judge see it all as he said she said ( cuz i know she will deny everything like always) or does he just tell us to get along? Is there any real enforcement? I want to know what may happen hypothetically with this little info given. Please dont tell me to hire a lawyer as which ican not or i wouldn't be on here...


A:  David's Answer:  You are best advised to keep a paper-trail with the other parent - meaning when you believe there's been a violation, write an e-mail or letter capturing your side of things & offer that s/he get back to you with their side of things. This looks better than your printout, which may indeed result in a he-said-she-said, simply because what's written is exactly what you can tell the Judge orally anyway. Schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)     

Ex husband retired now says he cannot pay C/S until he finds another job

Q:  Ex husband retired from military was supposed to start new job , but it fell thru now he says he can't pay C/S until he finds another job. what can i do or what should i do


A:  David's Answer:  If there is a default provision of your settlement agreement (from your divorce), follow it to a T. In other words, the minute he pays less than he's supposed to, send him a default letter (most agreements require same be sent via certified mail, return receipt). There is ample caselaw stating that if he voluntarily quit (& a retirement is construed the same as quitting) he is not entitled to a reduction. Whereupon, you may then file an order to show cause with Supreme Court asking for enforcement. Schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I was married and gave my ex wife kid my last name. how can i remove my self as birth father

Q:  i was married and in that time she became pregnant by another man. She did confess that the child was not mine being that she abandoned my daughter and i. . So the boy was born and we got back together and i gave the boy my last name im on his birth certificate as his father now since i don,t see him never spent time and now the state of ny is asking for child support,how can i remove myself from the birth certificate? Also biological father has entered into the boy's life


A:  David's Answer:  In my opinion, your only avenue at this point would be to file a petition in Family Court to vacate the acknowledgement of paternity. You'll likely need to serve the putative father - and even then be prepared to additionally overcome the "presumption of legitimacy." Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Visitations after adoption

Q:  My son was adopted a few years ago and the adoptive mother stopped visitations. What can be done to start the visitations again?


A:  David's Answer:  Unless you had an "open adoption," you will have lost all your rights to request a court order of visitation. An open adoption would make clear in the adoption order what visitation rights you have. If this wasn't the case, then you cannot insist on visitation at this point. For a full assessment, bring a copy of the adoption order into a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My ex husband has filed for both of our children as dependents. He is the non custodial parent-can he be investigated?

Q:  Our divorce papers state I claim one child and he claims the other. For 9 years now we have stuck to the plan- he now claimed both. How does he get away with this?


A:  David's Answer:  No. You should immediately write him a letter requesting that he immediately amend his return. The IRS will likely red-flag both returns for an audit - you will ultimately be relieved of any penalty so long as the divorce decree is as you say it is. If he doesn't amend his return, you can file an application with the court for sanctions and/or counsel fees due to his breach of the agreement. Schedule a consult with a Family Law attorney in your area for more info.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Child support

Q:  If a child leaves his custodial parent's home and moves into the non custodial parents home, Does the custodial parent (Who has sole custody) be required to pay the non custodial parent child support? The child is 19 and attends college.


A:  David's Answer:  First, if the "child" is 19yo then it's no longer an issue of who is & who is not "the custodial parent." The only issue is where the child lives - if s/he lives 51%+ with the father, the mother pays child support. If the child lives 51%+ with the mother, the father pays child support. Schedule a consult with a Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My sons school called cps because they recommended that I take him for a neurological exam and I said no.

Q:  My son Is having trouble in school and I was asked to take him for the exam which I said no to. I am with my son 24/7 and see he is lazy and has no desire to do school work. They keep calling and asking about the test so I stopped answering there calls. Yesterday I was contacted by cps. I don't feel they have the right to force me into something like that and I don't feel it was something to contact cps about. What are my options?


A:  David's Answer:  Failing to address a child's medical or developmental needs may be a form of child neglect. The question then becomes what your reasons are for refusing the test. Schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, March 8, 2014

In NYS can I get an order of protection without being hit? My husband is becoming outwardly aggressive and hostile to me.

Q:  My husband and I are going through a divorce. He has been emotionally abusive for most of the marriage. He is generally passive aggressive but has escalated to threatening to "beat the S**t out of me in front our daughter. About 6 weeks before we split he raised his hand to me in anger in front of our daughter and I did make a police report. Now that we are separated for almost 1 year he is sending nasty text messages calling me derogatory words, telling me he won't let me see the kids on Sun., and other bizarre comments.
I am concerned because this is similar to his escalating bad behavior in the past and I am truly afraid of him at this point because I am not sure of what he is capable of. All of his rage is directed at me. Can I get an order of protection? Will it make me look bad?


A:  David's Answer:  Mere words may not suffice for an order of protection, but words coupled with a threat of imminent action do. Thus, his threat to hit you & raising his hand would seem to me to suffice to satisfy a cause of action for menacing. I would also suggest that you communicate to him in writing (text or e-mail) that he cease communicating with you on any issue other than the children & refrain from using derogatory language. You should also consult a Dutchess/Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My 17 year old daughter left home and managed to change school districts under the NYS Homeless McKinney-Vento Act.

Q:   To make a long story short my ex-husband and I have had many behavioral troubles with our 17 year old daughter. We have had 2 psychiatric admissions for suicidal ideation with self mutilation. Continuing to support and work with her with a psychiatric team actively involved. However she walked out of a psychiatric appointment on 12/02/13. She has been able to walk out on her home district. ( Where her father and I reside) Move in with a family and evidentally is involved sexually with their 20 year old son. Somehow she has been able to enroll in another school district under the NYS Homeless McKinney-Vento Act.
As of this current time the only district to tell us anything has been the school district that refused her request of the above mentioned Homeless.
VERY FRUSTRATED!!!


A:  David's Answer:  Your remedy may be to file a person in need of supervision (PINS) petition against your daughter. Schedule a consult with a Family law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I would like to know how about getting sole physical custody of my son, to have my husband adopt him.

Q:  Over a year ago my ex and I were going through court for custody, he rarely showed. I showed up everytime. The judge granted me full custody, and no visitation to him since he never showed. My sons attorney and the judge agreed it was best for him to be with me. my ex has not seen my son since he was 5 months old (by his own choice) he is now 5. he is court ordered to pay 50.00$ child support but right now is 4 months behind. My husband loves my son, and treats him as his own, since my ex wants nothing to do with him. I would like to get sole custody so my husband can adopt, but I have an order of protection against my ex, so I do not know how to go about it and if I even stand a chance. I just wish he would be a father, but he refuses. So i just want to do what is right for my son.

Additional information
 
When going through court in the beginning, the judge even offered him joint custody before knowing the case, and my ex then replied that he did not think that was a good idea at the time, and that he is better off with me.


A:  David's Answer:  If you already have an order of sole custody, then no need to file again. Just proceed with the adoption case, as it sounds like you have good grounds to prove "legal abandonment" - which simply means that for at least 6 months prior to the filing of the case, the father has not had significant contact with the child. Schedule a consult with an adoption lawyer in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I would like to know how about getting sole physical custody of my son, to have my husband adopt him.

Q:  Over a year ago my ex and I were going through court for custody, he rarely showed. I showed up everytime. The judge granted me full custody, and no visitation to him since he never showed. My sons attorney and the judge agreed it was best for him to be with me. my ex has not seen my son since he was 5 months old (by his own choice) he is now 5. he is court ordered to pay 50.00$ child support but right now is 4 months behind. My husband loves my son, and treats him as his own, since my ex wants nothing to do with him. I would like to get sole custody so my husband can adopt, but I have an order of protection against my ex, so I do not know how to go about it and if I even stand a chance. I just wish he would be a father, but he refuses. So i just want to do what is right for my son.

Additional information
 
When going through court in the beginning, the judge even offered him joint custody before knowing the case, and my ex then replied that he did not think that was a good idea at the time, and that he is better off with me.


A:  David's Answer:  If you already have an order of sole custody, then no need to file again. Just proceed with the adoption case, as it sounds like you have good grounds to prove "legal abandonment" - which simply means that for at least 6 months prior to the filing of the case, the father has not had significant contact with the child. Schedule a consult with an adoption lawyer in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My ex has filed false reports against me to win a custody case. How can I defend myself and press charges ?

Q:  my ex has filed false reports against me to win a custody case. She filed a family offence petition in it it states that I argued with,swore at a police officer and drove away still yelling at the police officer without having a drivers licence. I never met the police officer,he never met me and I was 40 min away at the time she says this happened. Also I picked up the police narrative and spoke to the officer. No place in the police narrative does it say the police officer even spoke to me.Then after court last time she had me arrested for waiting on the side of the road for her then trying to run her off the road. It did not happen ! How do you prove it did not happen. Would the fact that she has a past of lying to Child protective services about me help ? I spent 8 months in jail because of her lye's and when I was released I asked for a hearing with Social Services . They concluded that I proved with great evidentiary weight I did not do the things she said. Is there any way to defend myself and press charges against her ? This kind of stuff has gone on for 10 years and it needs to stop !


A:  David's Answer:  In short, the way you "defend yourself" is at trial. Subpoena the police officer for trial. If all her allegations in the present petition consist of conduct directed towards the police, consider filing a pre-trial motion to dismiss, as I do not see how those allegations would amount to a crime against her. Schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I am acting pro se in family court. what format do i use with a cplr 3122 objection? responding to new petition

Q:  I won judgment for ex to pay 1/2 college. presently in court for enforcement. his new lawyer's new petition demands discovery on items already ruled upon. I am writing an objection CPLR 3122 and questioning format on how to write this to new attorney. New Attorney has filed downward mod petition and asking for financial papers. Last downward mod was ruled on 8-9-12. Believe it is stall tactic and taking advantage of my pro se status. any info greatly appreciated. ty


A:  David's Answer:  The format could be as simple as a letter in which you specify your objections. That said, I think the new attorney would be able to ask for some disclosure pre-dating the last modification ruling, unless the Magistrate made a "findings of fact" setting forth what your income & expenses were on the last case. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I get jurisdiction reversed from Florida to new York, because I have always been the custodial parent here in new york.??

Q:  My son went to see his father on a visit to florida and he refused to bring him back to me, I was 6 months pregnant and I had to go get him. He decided to file in Florida 6 months after I had him back as the custodial parent in new york. He lied to the Florida court so that the law of uniform child custody and jurisdiction act can line up with his time frame. I have all types of evidence but new York court gave Florida jurisdiction and sent them record of me being the custodial parent with child support here. This is an on going thing and nothing is permanent but the fine print is that I am the mother who our child has always lived with. I believe it will all work out for the better. I just have to get my story heard everywhere. I will not stop or rest until my lil funny guy is back home


A:  David's Answer:  If you say New York already ceded jurisdiction to Florida, then your only remedy would be to appeal that order. You would have up to 30 days (or 35 if mailed) from the date of notice of entry of the order to file your notice of appeal. Schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, March 5, 2014

Paternity and child support motion filed against me from a brief affair 4 years ago.

Q:  I live in NY State. Had a brief extramarital affair with a single young woman 4 years ago. She said she got pregnant and its my child. Never heard from her again. She then married, settled down with another man who is the only father the boy ever knew, and he calls him Dad since birth. Some months ago she contacted me to sign and give up my parental rights so her husband can adopt the boy. I did so thinking it was the end of it. But a few weeks ago, got papers asking for paternity and child support from Family Court. She said marriage is in trouble and this guy changed his mind. I make more $$ than both of them combined. I plan to challenge this using equitable estoppel defense against paternity. There seems to be plenty of case law support mostly issued by NY Appellate Court. Any advice?


A:  David's Answer:  Yes, the doctrine is arguably applicable. The issue may be that some Judges feel the doctrine of equitable estoppel cannot be used as a shield to disclaim paternity. That said, you need to employ an attorney as you'd need to file a motion on the issue so as to prevent the ordering of a DNA test on the 1st court date. Schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I'm going back to court in a couple months. What kind of things should I ask to be written in the new order?

Q:  Order of modification- I'm seeking more time with my child. I disagree with my child's father a lot. He constantly blows off parenting time. We were told to make a verbal agreement about tax returns. We agreed he would claim, I get half. He has claimed him for the last three years and I have not received a penny. I have primary physical. At the court ordered time my bf will pick up my child sometimes because I do not want to deal with the conflict. My bf and my child's father are friends, thank goodness, but sometimes just to be a jerk he wont allow my bf to pick up, he wants me to.
Should I ask for: The next three years to claim taxes, then alternate?
That me, my parents, and partner can pick up my child?
That any more time agreed should be honored?
We can only transfer fund via check?
 
 
A:  David's Answer:  You may ask for all of the items you've outlined. How likely it will be that you'll be granted same depends in part on a review of the agreement as well as a full assessment of the history between the two of you - as well as his potential defense to same. Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Is there financial assistance for women in domestic violence to be able to move out of state?

Q:  Why I ask I live in domestic violence and there is nothing available here in NY(I an talking immediate help, Onondaga has nothing available either), I have been looking to move out of state but because I am in domestic violence and financially controlled and isolated I can not get anyone to help or to listen. Is there any resources for women who live in domestic violence to move to another state and get help on a down payment? Also note I am disabled and can not work and on SSI(live on very little being married which also don't help)


A:  David's Answer:  You may be able to apply to the court for maintenance (i.e., alimony) payments if you are married to your abuser. I also suggest that you consult the following resources: http://www.courts.state.ny.us/topics/domesticVi.... You may also schedule a consult with a family law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)