Thursday, August 21, 2014

My ex withholds notice required by decree ie, notice of dr. visits, then lies and claims she left message. Gmail solution?

Q: Ex refuses to provide advanced notice required by decree. She later says "I left message, not sure why you did not get it" - eg, notice of Dr. visits. Could I hire escrow service to set up gmail account with google voice number, transferring email and calls to my personal email/phone, and - HERE IS THE KEY - contract with escrow service to keep the password secret and not delete any calls/emails. That way the Gmail account can be used to prove the negative - that no call or email was in fact made? Escrow agent could provide affidavits as needed along with print-out of call log/in-box for proof no call/message was made. If so, would a certified ltter to ex stating "this is the sole email and phone you should use to contact me" be effective in teeing up persuasive violation petition?

A: David's Answer: I'm not sure I understand the part about keeping the password secret, but I otherwise agree with your strategy. Or you could just have the order read that confirmations should be sent via e-mail in the first place. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

If a parent that has visitation rights for his children & does not return them can I file kidnapping charges after 24 hrs?

Q: I have custody and he has visits every other weekend from Fri. @ 4pm to Sun. @ 4pm only.

A: David's Answer: You may call the police & allege "custodial interference." You should also go to Family Court the next day (if police are unable to assist in a return) to file for a "writ of habeas corpus." - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my boyfriend and I get married if we have a stay away order of protection even though the judge has granted us visitation?

Q: My boyfriend and I want to get married Unfortunately the State of NY has issued us an order of protection due to a domestic violence case. However the judge did grant us contact and visitation with us and our kids at the jail while he is encarcerated. What's sad is once he is released they are going to discontinue all contact which makes no sense and will affect our children and relationship.

A: David's Answer: You may need to retain your own lawyer. If the case is pending in IDV, then you can ask the Judge to assign you a lawyer, who then can ask that the restriction be lifted on condition that the two of you seek family counseling. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can CPS put infant in fostercare for parents not being at NICU every day?

Q: Infant in NICU r/t premature birth. Parents live 50 miles from hospital and do not have resources to travel to and from on a daily basis. Can CPS take child away for parents not being up at the hospital enough?

A: David's Answer: That would seem to be a draconian filing indeed. If the Hospital has threatened (or even implied) a call to CPS, you should consult with a lawyer who handles such matters. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Do I have to live in New York if I want to get married in New York?

Q: Do I have to live in New York if I want to get married in New York? I live outside Pittsburgh.

A: David's Answer: No, there is no residency requirement in order to get married in NY (unless doing so constitutes fraud). - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
 

Is there a way to request a new law guardian?

Q: My sons law guardian has been EXTREMELY biased towards his mother because he holds a huge grudge against by former lawyer- he admitted it in court and to the judge- and has been ruthless towards me when I have been the better parent. He has done everything to make me seem unfit, when she is the one who has had CPS called on her numerous times by neighbors. He has not attempted to make an in home visit or anything.

I am no longer using him, I could not afford him. I am in a financial tough spot as we speak, but want what is best for my boy.

I am wondering what are the steps to seek a new law guardian in the state of new york.

A: David's Answer: You would need to file a formal motion to recuse the Attorney for Child. That said, rarely do such motions succeed. Moreover, the blowback would be to make the Attorney even more hell-bent against you, possibly anger the Judge (as s/he may feel you're just trying to delay the proceeding) and be out the money paid to your new lawyer (hopefully you have one) for filing the motion. I'd suggest to schedule a "clear the air" meeting with the Attorney for the Child. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can the following be considered a change of circumstances to help justify a downward modification? My abusive ex-spouse.....

Q: ...who convinced my younger daughter to go with him is now 15-1/2 years old and starting to experience his true personality. Due to her age, he doesn't want to piss her off too much, so when she insists on spending time with myself and her older sister, now over 21, he usually lets her. The result is that she's at my house almost as much as she's at his house, yet I'm paying quite a bit in child support. But she's not allowed to sleep over due to the manipulations of his 'well-connected' attorney. We were supposed to work toward sleepovers, but when he left threatening voicemails on the therapist's phone, that intimidated her and we gave up. Anyway, my question is -- can all these daytime visits help to justify a downward modification, or do only overnights count?

A: David's Answer: If you're going to argue that your access time is so great that it should affect child support, both waking & asleep hours count in this analysis. Thus, if you don't have something close to 45% of the total hours, then it'd be extremely rare for you to get a deviation on this basis. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

Points awarded Other ways to earn If Grandparents raising children, go on a grant, do the parents also have to pay the Government or the Grandparents?

Q: Points awarded Other ways to earn If Grandparents raising children, go on a grant, do the parents also have to pay the Government or the Grandparents?

A: David's Answer: If the grandparents have custody of the children, then the parents have a duty to pay child support to the grandparents. They'd only have an obligation to pay the government if sued for support. The grandparents may have a duty to report to the government any receipt of funds from the parents. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

Saturday, August 16, 2014

Confused , Have 2 kids Child support , Tax Time ? Ex claims one I claim 1, Custody Change !

Q: When we got divorce we had agreed that each of us would claim 1 child each on taxes, she agreed because I paid 1000.00 a month in support . Now I have custody of both children, she is suppose to pay 100.00 a week in support for 2 kids. But I am accepting 50 a week because she refused to allow my sons to live with me if I would take the full amount she would be responsible for. How does taxes work ? Can I claim both kids now e ? She is only paying $50.00 a week in support for 2 kids don't think it's fair if she receive the extra 1000.00 tax credit and able to claim one child. That would mean she only really has to spend 1600 a year two support 2 kids.

A: David's Answer: If the agreement to split the deductions was just informal, then you can just send her a notice via certified mail stating henceforth (& in light of both children now residing with you) you'll be taking the deduction for both kids. If the prior agreement was incorporated into a court order/judgment, then you'll need to file a petition for modification. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

I recently found out my birth cert has my mothers maiden name on it. I have always had my father lastname. How do I change it

Q: David's Answer: I need to get help from social services but am having a hard time bc my birth cert is wrong. What do I do?

A: David's Answer: Assuming you're 18+, you can file for an amended birth certificate in the county where the original certificate is filed. Contact the clerk's office of that county for instructions. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

Monday, August 11, 2014

What can I do if my ex wife's family member is threatening me?

Q: My ex wife texted a statement, stating that "if her brother sees me I'd better run"....in regards to an issue about our son. She is clearly making a threatening statement and what can I do about it. I'm tired of her antics.

A: David's Answer: Technically, it's your ex who's threatening you. In this instance, you can file for an order of protection in Family Court and/or may report her to the police. Call a Dutchess/Westchester Family Law attorney for more info. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can cps give my confidential address out?

Q: I currently have a confidential address through NY state because of domestic violence. My ex is currently in prison, I have a 7 year no contact restraining order in place once he is released, and I have sole custody. However, CPS contacted my ex and his family based on an educational neglect charge. In the process they gave them personal information including my address. Can they legally do this?

A: David's Answer: If they were on notice of your order of protection and the fact that you wanted your address confidential, then they should not have done this. At the least, you should file a complaint against the caseworker who did this. You may also have the basis for a lawsuit, though should consult a lawyer before proceeding further. Call a Family Law attorney in your area for more info. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can custodial parents paying support to non custodial parents get their money returned to them?

Q: As the non custodial parent my son moved in with me in June 2013. I paid support to his mother the custodial parent at that time. 
Custody was modified in March of 2014, and I became the custodial parent.
I continue to pay support to the non custodial parent.
I have had 3 court dates to end the support payments I made to courts for the non custodial parent.
Each time the court says it cannot find the non custodial parent and is going to continue to collect the child support.
If the court ever finds her, will I be allowed to have the money paid to the court for the support of my son who lives me and with whom I have custody, who did not benefit from the money the state collected?

Additional information

Sorry my question was not clear.
What I need to know is will the court return the money I paid to the courts for support while I was the custodial parent?

A: David's Answer: I'm not sure I understand why the court is trying to "find her." Usually the court does nothing at all to locate a party - that's usually the responsibility of the party who filed the petition. Thus, you may need to hire a P.I. to locate her. Ultimately the Magistrate can temporarily suspend the order of support pending valid service of the summons. Schedule a consult with a Family Law attorney in your area for more info. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Friday, August 8, 2014

What would be proper to do in Family court matter?

Q: I'm about to file Emergency petition for violating Court order and ask for Sole custody and enforce returning child to my house for violating Court order. I have Physical and residential custody. Court order ordered that mother can not keep the child more then 3 consecutive weeks during Summer vacation. There is a schedule for child vacation with me and the mother. Mother did not drop off child on scheduled date and she's keeping the child for 6th consecutive week with her. There is no response to my text messages, emails nor phone calls from her. I was able to talk to the child only ones in 35 days and that was night before scheduled drop off 3 weeks ago. There is even more violations of Court order prior Summer vacation Court order violation. What petition should by proper to file ?

A: David's Answer: First, you should consider requesting the police to assist in returning the child. Second, you'd look to file an order to show cause as well as a writ of habeas corpus. The writ is the order that she immediately return the child to you pending further proceedings in court. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.-- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I am bringing my ex back to family court for child support reduction...

Q: Will be she solely responsible for her atty. fees or will I. Can she pay for my retainer?

A: David's Answer: Generally each party is responsible for paying his/her own lawyer's fees - even more so in Family Court. That said, if there's a great disparity of income, the less-monied party may file such a motion. For a full assessment, schedule a consult with a Dutchess/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I change my daughter's hyphenated last name to just the second part of the name?

Q: My daughter's name on her birth certificate is my (her mom) last name then hyphen and then her father's last name. Her father and I just got married and I am changing my name to his last name and she would like her name to be the same. We just want to drop the first part of the hyphenated name.

A: David's Answer: If you & the father agree, you can just go to the Clerk's Office where her birth certificate is filed & do an amended birth certificate. For more info, schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Thursday, August 7, 2014

When does numerous false abuse allegations against me by my son's dad/step mom become criminal?

Q: My ex n his new wife have accused me over 5 times of sexually abusing my son (now 9yo). The 1st when he was 5. After interview after evaluation, the court doc said dad lied-No repercussion. This was followed by several top'spot filed against me. They just didn't show up in court. 
I had to "reestablish" my relationship with our child. Since then, I had gained physical custody. Dad was to visit every other. For 18th after the switch, not a word from dad. He then went to court, filed against me again stating I have kept him away. Again easily proved. He now has temp sole custody and again filed a restraining order. He claims now I was at his home several times. I'm 1200 miles away. I have to be in NY, in court Aug 12 to again defend myself. Help available? Harassment? Recourse?

A: David's Answer: Your first remedy would be to disprove the allegations at a trial in the Family Court. If you're successful, then you can sue him for abuse of process. That said, especially with the level of animosity involved here, I wouldn't advise "defending yourself" - retain a lawyer (or ask the Judge to assign you one). For a full assessment, call a White Plains Family Law attorney to schedule a consult.-- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Wednesday, August 6, 2014

What happen if I sign my right away to a family member? Can they adopt her after I sign my right away?

Q: What happen if I sign my right away to a family member? Can they adopt her after I sign my right away? My mother has temp custody of my child.

A: David's Answer: Your may only sign a surrender of your parental rights in conjunction with an adoption proceeding. As such, your mother would need to file an adoption proceeding - you can then do a surrender of your parental rights. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Points awarded other ways to earn I live in Fulton, NY can I get emancipated?

Q: I am 17, I live with my grandparent's. I want to be emancipated, but I've been told there is no such thing in NY.

A: David's Answer: There is no official "status" of declaring yourself emancipated. Bear in mind that if you move out without permission, you may forfeit your right to request any form of financial assistance from your parents or guardians. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Monday, August 4, 2014

Can I live with a sibling instead of my parents?

Q: I do not like living with either if my parents. I currently reside in Waterford VT with my mother and step father. My step father is very verbally abusive and makes remarks about knocking me out and how I am no good and never will be and I used to have to see counselors because of it and my mother does nothing to help and just barely got a part time job so its rough staying there. My father lives in Williston and does not want me and is $20,000+ in child support debt and is an ex addict but current alcoholic. I wanted to know if it were possible to move in with my brother in Crown Point NY. We have the same father and his mom is a college counselor and I live here with them in the summer. I am going to be 16 in October and already have two paying jobs. Is it possible for me to move here?

A: David's Answer: If you live in VT, you'd need to post this question to that forum. NY wouldn't have jurisdiction over the case as VT is your "home state." -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How can I obtain an "Order of Filiation" for a child without knowing the father?

Q: I am currently married and have been since 2011 but I left my husband in the beginning of 2012 due to domestic abuse and his drug use. I became pregnant in September/October of last year and now have a 2 wk old little girl. I have attempted to file for divorce from my husband who is currently in NYS prison and has been since the end of last year. I was told by Legal Aid that I have to obtain an Order of Filiation for each child prior to filing for divorce as he is not the father of either of my children but everything I read online only tells me how to obtain them by establishing paternity for said children which is not possible. My son, who is 2 and a half, was fathered by a man who committed suicide prior to my son being born and I do not know who fathered my 2 wk old daughter.

A: David's Answer: You would need to file for paternity for those children against whoever you suspect is the father. As for the other father, obtain a copy of the death certificate and name that person as the father of the other child in your divorce papers. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can I get a court ordered paternity test done if I was married but have proof of adultery?

Q: I have a three year old son who could possibly be another man's baby. My wife was having an affair before we separated two years ago. The other man filed for paternity then dropped the suit before the court date.

A: David's Answer: If you were married, the the "presumption of legitimacy" applies so you're not automatically entitled to a DNA test. First, the court would be required to hold a hearing as to whether the presumption applies. During that hearing, you would be entitled to present evidence of the adultery. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Sunday, August 3, 2014

My daughter turned 21 years old 2 weeks ago . I recived 2000 dollars in doctor bills by support collection last week...

Q: My daughter turned 21 years old 2 weeks ago . I received 2000 dollar in doctor bills by support collection last week.

I'm just not sure if its worth my time to even fight . The other part of my case is my daughter moved out of her mother's house in march 2014 and got married in April. I kept paying the child support till July when she turned 21 years old I would just like the over payment to go for the rears owed and those are only from the doctor bill not unpaid payments.

Additional information

The 2000 dollar in bills just showed up they have accumulated for the past seven years dating back to 2008 and this is the first bill I received my daughter moved out of her moms in march and got married in April during this time i paid child support until July when she turned 21


A: David's Answer: If the medical bills accrued before she turned 21, then you owe them. And unless you had no knowledge of her getting married - i.e., it was actively concealed from you - then you also wouldn't appear to have a basis to vacate the arrears, even against the add-ons. For a full assessment, schedule a consult with a Family Law attorney in your area.

My husband has been seeing a woman who lied about being pregnant. Am I entitled to financial compensation?

Q: My husband has been seeing a woman. She lied about being pregnant with his baby. She was not pregnant at all. After he confessed to me about her "pregnancy," and plans to keep it she suddenly had a "miscarriage." I obtained medical records (legally) with proof that she was never pregnant. Obviously this has been an emotional strain and I want to know if I am entitled to financial compensation from one or both of them. I would like to sue both of them. I also have proof that she was very aware that my husband was married when they began their relationship. I have letters and emails that they exchanged.

A: David's Answer: You could theoretically sue for adultery, but as a practical matter you may need to pay more for a lawyer to pursue the claim than you're likely to get (i.e., it's at most a suit brought in small claims court). Otherwise, you can sue for divorce. Thus, call a Westchester Family Law attorney to schedule a consult. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can you with draw a family court portion?

Q: I filed a portion against my kids father cause he hit me they gave me a restrain order for me and the kids we are suppose to go back to court. But me and my kids father have decided to get counseling and work things out how can I drop the petition and restraining order against him?

A: David's Answer: You're best advised to go to court on the next date & withdraw the petition. I've seen Judges on occasion adjourn a case on a family offense petition if the petitioner merely fails to show up. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My ex wife as sent me a Motion to deny decrease in Child Support.

Q: She stated that she is not able to be employed due to sickness but she also owns a business that is not profitable and saying that for these reason my motion should be denied because she has no income.
I unfortunately am low income also should i respond to the motion to deny or leave it for the motion date

Additional information

Its a motion. I don't have an attorney and cant afford one. I am at a lose of what my options are.. She has an Attorney. I am currently paying 65% in child support and can not continue with this amount. Can you advise what my options maybe. Thanks you for taking the time to respond I appreciate it.
 
A: David's Answer: Yes, you should answer the motion. It seems to me a relatively low probability win on her part, since her financial circumstances (for the most part) do not affect your ability to get a downward modification. That said, if you don't file a written response, the motion may be granted on default. For a full assessment, schedule a consult with a Rockland/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can a family court support magistrate make a change in child support because the agreement is unconscionable or duress was.....

Q: Can a family court support magistrate make a change in child support because the agreement is unconscionable or duress was involved, or must that be done in Supreme Court?

A: David's Answer: It depends - a Family Court Magistrate is without authority to vacate a divorce settlement done in Supreme Court. If, however, the agreement was drawn up incident to a Family Court filing (pursuant to FCA section 425), then the Magistrate would have discretion to vacate it. For a full assessment, schedule a consult with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

If you was in a relationship for 8yrs and live together

Q: I've been in a relationship with my kids for of 2 kids and about 1yrs ago I note bump on his gential area which he told me he zip himself and I believe him. Than around may Aug Oct Jan Feb he start braking out I don't know what it was so I start ask freinds family hotline so the told me what it was I went to the er room for STD and the did a full exam and I was negative than I went to the health dept and took blood and the say I was positive now I'm on valtrex seen June 2014 and antidepressant pills and when I ? My kids father he said he got it from his ex before me and me and his family believe he got it reason becuz if he got it before I would had symptoms or something but now I'm sick he show remorse for me and I'm on meds for vertigo race heart issue hernation t 5 t 6 insulin 3 times.

A: David's Answer: I'm not sure what your legal question is as this seems more like question to pose to a Doctor (i.e., is what the father of your children telling you a medical possibility?). I'm not sure whether him giving your an STD would or would not be a factor in any divorce of custody case, simply because more facts would be needed along those lines. If you intended to ask a legal question, my best advise is that you schedule a consult with an Orange/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I get a restraining order on someone in a different state?

Q: My friend is in NY and wants to get a restraining order on someone in MA because this person is stalking and harassing him. We think the woman has borderline personality disorder.

A: David's Answer: To proceed in Family Court, the person must generally be a relative, spouse or ex-spouse, or was relatively recently in an "intimate relationship" with your friend. If the stalking and/or harassment occurred in NY, then NY would have jurisdiction over her. In which case your friend can file for an order of protection in Family Court. Otherwise your friend would need to contact the police. Have your friend call a Family Law attorney in his/her area to schedule a consult. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Do I need my ex-husbands permission to change my daughter's last name?

Q: I have sole custody of my daughter and her father has not paid child support he is supposed to but never has. Do I need his permission to change her last name to my current husbands last name? Also, will he still have to pay child support if this happens? Keep in mind I am in New York and he is in Alabama as my current husband is military but we are getting out in February 2015.

A: David's Answer: Generally you would need to do a change-of-name proceeding in which you would need to serve your ex-husband with the summons. That said, you may wish to consider having your current husband adopt your daughter. If the father is relatively uninvolved, it shouldn't be a problem. Schedule a consult with a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, August 2, 2014

I notified ex I was moving out of state with child and he opposes. Do I continue with the move and register child or not?

Q: Live in NY moving to CT.
Relocation is less than the 50 miles that is in agreement. Agreement states if more than 50 miles I need to notify in writing and give him 90 days notice. My attorney told me all I needed to do was notify him. I wrote him a letter telling him. I did this at the beginning of June. He opposes the move. It is August and I have no petition filed saying I can't move. School starts in CT on August 25th.
I am moving them less than the 50 miles. I have agreed to meet spouse halfway for pickup. I am moving to be with my fiancé and because the school district is much better than where the child currently attends. The biggest reason is for the education for my child.

A: David's Answer: If you are positive the agreement states 50 miles & does not otherwise prohibit a move out of state, then you appear to be protected. That said, do you have sole or joint custody? If you have joint custody, you'd have the further obligation to not merely "notify" him of the move but ALSO have a meaningful (& lengthy) communication regarding same. For a full assessment, schedule a consult with a White Plains Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can my live in boyfriend in NY be paid for watching my child and can I be reimbursed from my ex husband? He pays 35%

Q: My divorce papers say he is responsible for 35% and he has recently stopped taking care of our son and taking advantage of the situation.

A: David's Answer:  It's probably within the discretion of the Magistrate to do so, but depends in part on whether there's another, cheaper alternative out there. Usually in cases (& in my experience) where a Magistrate orders paid child care regarding a relative caring for the child, it's where the relative has to travel to the house to babysit. You're best advised to 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 cancel a family court petition I made and restraining order against my kids father?

Q: I want the restraining order dropped and to cancel the up coming court date how do I do this?

A: David's Answer: You can write the court a letter, though it's best that you appear so the Judge can do a proper allocation to make sure that your withdrawal is not the product of duress or coercion. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can custody be revoked of an absentee parent?

Q: It has been several full years of no contact from the joint-custodial parent. No phone calls, emails, , extra money, nothing, not even from relatives. Child support is eventually paid, but with official reminders through a government agency. Health insurance and medical care, court-ordered, have not been provided during these years. Whereabouts of that parent are suspected but unknown. The child is 10 and was abandoned by this parent as a baby. 2 visits of a couple hours each during toddler-hood. Can that parent's custody and parental rights be revoked based on these grounds? Can that parent protest if this were attempted to attain? Can custodial parent assign a legal guardian so the child won't be sent to the absentee parent in case of parental death?

A: David's Answer: You certainly have grounds for a modification petition to revoke the joint custodial status as well as severely restrict (if not eliminate) any court-ordered visitation. You generally cannot terminate parental rights in the absence of an adoption proceeding. And you cannot prospectively terminate rights in the event of your demise - you can however capture your "state of mind" on the issue by executing a will. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)