Wednesday, April 22, 2015

At what age does child support end in Ny ?

Q:  My son is 19 lives with his mother and he graduated high school last year and he doesn't work or and doesn't have intentions of going to college. Do I still have to pay child support for him until he is 21 ? He is able to work full time .


A:  David's Answer:  Yes - he is only emancipated if he is actually working full-time & thus self-supporting. Merely being capable of doing so is insufficient. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Saturday, April 18, 2015

Back in December my son's father's girl friend tired hitting me in December and my lawyer isn't helping me like he needs to.

Q:  Back in December 2014 I was cursed at, threatened and almost hit by my son's, fathers, girl friend in front of my son. He is terrified to see her and the courts aren't listening to me and allowing me to get a restraining order. Last Monday the 6th I was given one till april 6th 2016 and she violated it so I called the cops and had her arrested. She filed against me over it yesterday and turns out the judge gave the wrong papers and now I am in trouble over their mistake and the girl friend has a restraining order on me. I don't know what to do as I am the victim here trying to do whats best for my child, But im being accused of harassment when I did nothing to her.


A:  David's Answer:  The Family Court wouldn't generally have any jurisdiction to ultimately issue you an order of protection against the father's girlfriend. The reason is that while you may have a familial relationship with the father, you don't with respect to his girlfriend. Your remedy may solely be with the police. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Motion for an extension of time

Q:  what is the proper language when filing a motion asking the NYS appellate div. 2nd Dept. for an extension of time when you want to ask the court to grant you permission to file an appeal. On a Child Support issue



A:  David's Answer:  There's no such thing as you need to do so within 30 days after being served with the order with notice of entry. Moreover, final orders are generally always appealable - one need not generally seek permission to appeal. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Tuesday, April 14, 2015

In my divorce, a forensic psychologist report was done, after which I had a peer review done to show that the forensic

Q:  didn't follow protocol. When I was in court recently, the judge didn't seem interested in the peer review. Are peer reviews not considered solid evidence?


A:  David's Answer:  That depends - first, did the "peer" actually come in & testify? Did you fully cross-examine the court-ordered forensic? If yes to both, then the Judge retains discretion to go with one forensics' opinion versus the other. Your remedy in such event may be to appeal any adverse decision. Schedule a consult with a Westchester Family Law attorney for a full assessment.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

How a mom can prove in court that the narcissist dad is causing emotional harm to the kids. how can she keep the kids with her

Q:  the dad is a manipulative narcissist and also an adulterer. mom wants to file for divorce and to make sure the kids are with her 100% as the dad's controlling behavior is damaging the kids emotionally. the dad keeps on threatening the mom that she has to take his permission before she takes the kid to meet with anyone or anywhere even though still they are married. she is now hesitating for divorce thinking that what he will do when she will file .how can she prove in the court that dad's behavior is causing emotional damage to the kids. the dad is very polished kind of person as a typical manipulative narcissist should be.mom wants to come out of this abusive relationship along with the kids . what she needs to do or take precaution to make sure that the dad doesn't torture them anymore


A:  David's Answer:  You should start keeping a careful paper-trail, which is best done by sending e-mails to the father which capture his concerning comments. Note in the e-mails concerns about how you believe the behavior is affecting the children. You should also schedule a consult with a Westchester family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

This is a tough one. My son brought his children to me 8 years ago. Do I have any rights to the children?

Q:  I have been raising my grandchildren since they were 2 and 4 years old. My son, their father also lives with us. He is divorced and has full physical and legal custody. He is going to remarry in August. My grandchildren are having a hard time with the transition as you would expect. The new wife sends mixed signals of wanting the children and then not wanting them. They are now 10 and 12 years old. My son recently is trying to be a father. Before he expected me to be the disciplinarian and the "Mom". I want to know if I could get custody of the children. Not for me but for the childrens best interest. I don't know what to do. The new wife has never been married. My son support has been somewhat inconsistent over the years and he has never been consistent in helping raise them..


A:  David's Answer:  You'd frankly have a difficult case to get custody, as you'd generally need to prove the father has persistently neglected the children, or abandoned the children. You'd otherwise have the ability to enforce your visitation rights, however. That said, you should schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

I have a confusing visitation schedule. my kids starting school. will courts allow a set schedule to benefit my son? \/\/\/\/\/

Q:  My son is starting school soon and my court ordered parenting time is based around my days off/ whenever his mother is working I get him. It changes every week. I really think it would be beneficial to him if I had him on set days each week so that he knows what bus to get on and he knows if he is going to my house or his mother house that week. I have him about 50/50 so I was thinking maybe sunday night to wednesday morning. that way he knows monday-wednesday morning he gets on XX bus to my house and Wednesday after noon-Friday afternoon he gets on XXX bus. I just think it would be to his benefit and make he life a little more normal. I don't think his mom will go for it, and I really want to avoid court, would the courts see that as a positive? I just want some normalcy for him.


A:  David's Answer:  It's hard to predict what the Judge will do, as it depends in part on what her reasons are for keeping the schedule the way it is. Thus, you're best advised to schedule a consult with a White Plains Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

In the Supreme Court Matrimonial part, do you need your entire box of evidence with you at the first appearance, or can that

Q:  wait for the full hearing? It's regarding an Order to Show Cause regarding child abuse.


A:  David's Answer:  Assuming you filed copies of the relevant evidence along with your order to show cause (or your reply thereto), then you don't necessarily need your "admissible" evidence unless the case has been marked for a trial. That said, you shouldn't be attempting to represent yourself, if you are thus far. Schedule a consult with a White Plains Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Friday, April 3, 2015

I NEED HELP? My daughter being abuse and no one is listening to me. I NEED A FAMILY LAYWER?

Q: My daughter is 3 years old and every since she was born her mother do things to abuse her to get a me as her father. I've been in and out of Yonkers court and have an order and still the mother is doing stuff to harm my child, and I feel helpless. I called CPS and the police plenty of times and they still have not did anything to help me with my daughter, I was told if i call again that I could be arrested or never see my child again. However my child is still being abuse while in her mother care. What should I do?

David's Answer: Ultimately you would need to prove that the abuse is happening, if you've already called the appropriate authorities & they haven't found anything. Bear in mind you risk having blow-back from a false report, so you'll need to delicately proceed on documenting the abuse. The easiest thing is if there are injuries, you can take pictures of the abuse.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Monday, March 30, 2015

I need to find a probono lawyer to help me with a child support order modification in Westchester.

Q: I have a child support order & filed a modification. I am not working and need help. I have a court date for April 23rd.

David's Answer: If your case is in Supreme, you can check with the Office of the Self-Represented. If your case is in Family Court, then you can shop around and/or call the Bar Association. It should be noted extremely few lawyers do cases for free, especially in the Family Law field. That said, many offer sliding scales on their fees. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My 16yr old son is in special ed with executive functioning disorder. He was tattooed at a licensed parlor without my consent.

Q: I left my son and 16yr nephew, who Iam his legal guardian, at his dads house over the weekend. My brothers girl friend took both boys for tattoo's without calling and asking for my permission. I'm devastated. My son is immature and did not know the risks. I'm taking him to his doctor to be tested for HIV and hep c. My son wanted to be a police officer and has now it will effect his future earnings. HELP

David's Answer: Assuming you have sole or primary residential custody, this would appear to be a violation of the order. You can file an enforcement petition, with the Judge then deciding what sanctions to level at the father (in addition to assessing him with any costs of the tattoo's removal). -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Sunday, March 29, 2015

I have to go to Supreme Court Matrimonial part in White Plains with a phone recording on CD.

Q: Will they let me walk in with a small CD player? I'm concerned that Security won't let me bring it in.

David's Answer: You're best advised to make these arrangements first with the Part Clerk, who will then likely need to coordinate with Security. Bear in mind if you're representing yourself you must lay a proper foundation to get a recording into evidence.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Friday, March 20, 2015

What is the proper language you use when you want to state that the child support magistrate fabricated the facts

Q:  what is the proper language you use when you want to state that the child support magistrate fabricated the facts so her facts of law are erroneous and what laws are used to cite this argument...


A:  David's Answer:   It's not so much that the Magistrate "fabricated facts," it's that you're disputing the factual findings the magistrate made. Your argument is that it was an abuse of discretion for the Magistrate to find as s/he did. As for caselaw, that'd need to either come from hiring an attorney (as same would need to be crafted to the individual facts of your case) or you'd need to hit the Law Library. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

My ex wants me to buy our child a phone.

Q:  I am considering a smart watch when she is age appropriate for it. Is it legal to use GPS to see where she is? I'm the ncp.



A:  David's Answer:  It is perfectly legal to use gps to track your child, but this is also something the other parent should be aware of. Indeed, this really shouldn't even be something you hide from the child either. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Saturday, March 14, 2015

I have a family court order guaranteeing phone contact between myself and my daughter. My ex is now crying harassment to me beca

Q:  I once a day when she has her text the word "call" when I'm ready to talk. She's trying to wiggle out of giving me phone time and even told the attorney for the child she's "too busy" to give me a min of time on the phone. Our child is about 3. She's committed numerous other minor violations of the order. What's the best course of action?



A:  David's Answer:  If you believe she's violating the agreement/order, then mail her a default notice letter specifying the allegations (be specific by date, etc.). If she still continues to violate, then file an enforcement petition. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

My wifes ex filed for a temporary order of protection against me toward my step girls. Can i get a court appointed attorney?

Q:  My wife and I have been married for past 8 years and she has been divorced for the past 12 years. We have custody of her 2 teenage girls. Their father does not like that I am an active parent in their lives and is also trying to get out of paying custody so he filed for a temp. order of protection against me toward them after a verbal argument I had with one of the girls due to their attitudes and I grounded them. He then filed for a change of custody against my wife. So, we have 2 separate court cases going on. I had a lawyer represent me through so far but nothing is solved yet and I can;t afford it anymore. Can I apply for a court appointed lawyer to represent me since we have not gone to trial yet? There's only been hearings so far.


A:  David's Answer:  You can ask the court to assign you a lawyer, assuming you're financially eligible. The Court will not only consider income (generally below $40-45,000/year) as well as property/assets. Schedule a consult with an Orange/Westchester Family Law attorney for more info.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Question for NY attorneys and MO attorneys. Can I relocate from NY to MO with my 3yr old and file for custody once I have moved?

Q:  No custodial paperwork has been filed at this time. I am her sole provider, I receive no assistance/ help from her father. I am working with helping my child through developmental delays and really need the support of my family whom all is back in MO. I moved out to NY in 2011, 7months pregnant, thinking her father was sober, and hopes of building a family. Due to his alcoholism and his destructive behavior I left with my daughter almost 2 years ago, on my own. I am in the process of bankruptcy due the financial damages of living with an unstable addict. I am barely making it, however, I have a family that loves us &they want to help, but they are in MO. I have found a job out there and a place but am afraid to move because of I do not have the luxury of time or funds. What should I do?


A:  David's Answer:  You should definitely not move until you either have a court order giving you permission to move or a written, notarized agreement from the father agreeing to the move. You've set forth many facts which are in your favor in a custody/relocation case, though there are many more factors the Judge will consider. You're best advised to schedule a consult with an Orange/Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

I owe 800 in areas for child support I have a hearing may 24 will I go to jail

Q:  Im divororced for 12 yes have one daughter by my ex wife I also rwcieve ssi disability my recent areas was paid 1200 I stopped paying because I felt as though that since she got married two times prior to her first marriage she doesn't allow me to see my daughter at all ! I currently owe 800 dollars and IMA little scared that if I go to court I might get locked up should I go with at least 500 jus to be on the safe side what should I do I need help


A:  David's Answer:  You should pay as much of the arrears as possible. That said, if all you owe is $800, it's doubtful the Court will put you in jail for such a small relative amount. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Wednesday, March 11, 2015

Will a Judge ever ignore federal law, NY law and GA law and simply do what the Petitioner wants because she's the mother?

Q:  My ex wife and I were divorced in Georgia and they issued a final judgment and decree of divorce, parenting plan order and settlement agreement. My child's mother has now filed in Westchester County, NY to modify custody. Under UCCJEA, DRL 76(B) and GA law, since I still reside in the state of GA and have never moved, which is the original state that issued the original orders, any modification of custody should be done here because GA retains continuing, exclusive jurisdiction. However, in court yesterday the Judge wasn't ready to rule on the motion to dismiss (I had a NY attorney there for me), hadn't read it and rescheduled the court date giving my ex more time to respond. Is it possible for this new judge to ignore all law, federal, NY law and GA law and allow her to modify in NY?



A:  David's Answer:  Obviously the Judge cannot ignore the law, otherwise you can appeal. However, the law is more nuanced than you present as the UCCJEA also includes an exception to "continuing, exclusive jurisdiction" if the Judge finds the home state to be an "inconvenient forum." In a nutshell, the Judge would need to determine that all or most of the witnesses & evidence on the issue of custody no longer exist in GA - usually this is when the child's been residing in NY for many years. For a 2d opinion, schedule a consult with a Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

If I violate a court order for supervised visits what can happen?

Q:  I m very concerned because my seven year old daughter has expressed that she does not want to see her father to her law guardian and the CPS worker. I was in an abusive relationship with him for many years - he tried to kill me-before our ten year relationship he was incarcerated for thirteen years for murder. yet -with all this they are still have ordered the visit and my court appointed lawyer I feel is not helping me -he seems to be pushing for the visitations as well.


A:  David's Answer:  You'd need to file an order to show cause & request that the Judge suspend visitation. If the Judge does not do so & you violate the order, then the Judge can monetarily sanction you, award counsel fees, order make-up visits at your expense, or possibly even consider it as a factor in switching custody. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Can I terminate the parental rights of my daughter's father? He agrees to this, but there is also so much more.

Q:  In the last 10 years he has 4 Felonies that I know of. His most recent was yesterday for Criminal Contempt, class E Felony and Harassment to his soon to be ex-wife. They have 3 children together. The other 3 are for DWI's. My daughter has noted that he was drinking and driving in the car with her. My daughter is 14 and wants nothing to do with him, she will be 15 in June 2015. 2 years ago we went to court for his drinking and the judge ordered he is only allowed to see her during therapy. I brought her about 5 times total, and her father then cancelled all further visits. The last time he has seen or spoke to her is July 2014. He hasn't paid any child support since September 2014. Please help. My fiancĂ© will adopt her, and that is what she wants, but we aren't married yet.



A:  David's Answer:   You can commence an adoption proceeding, and then have the biological father execute a surrender of his parental rights. If the father isn't exercising any visitation, then even if he didn't cooperate you'd still likely be able to prove he legally abandoned the child. Call an Orange/Westchester family Law attorney to schedule a consult.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net 

Can I have juvenile arrest charges expunged?

Q:  At age 15 I was arrested and charged with 1st degree assault in adult court. It was then transferred to family/juvenile court where the case was adjudicated and I plead guilty to 2nd degree assault and received 2 years probation.
About 1 year later I was in a car with a group of kids who had marijuana and I was arrested because it hidden in an area of the car that was closest to me. The charges were dismissed because the kid that owned the pot later came forward to claim it was his.
I did a background check on myself and the 1st degree assault arrest charge appeared on my record even though I was a minor. Will the second drug arrest appear on an FBI background check even though I was not fingerprinted and a mugshot was not taken? I am 26 years old now and haven't been in trouble since.


A:  David's Answer:  Regarding the juvenile delinquency case, you can file a motion to seal the records in Family Court. It is dubious at best whether Family Court can order the police to expunge its own records, however. Regarding your subsequent arrest, however, that would need to be dealt with in adult criminal court, assuming charges were actually filed. You can call a Westchester Family Law and/or Criminal Law attorney to schedule a consult for more info.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Saturday, February 28, 2015

Is there any legal precedent/case law whereby a child of 14 or older was placed (even 50%) with a protective parent

Q:  when the child didn’t request that change in custody? Particularly when it’s proven that the primary residential parent has been physically, emotionally and/or verbally abusing the teenager? If you have any familiarity with abuse, this would not be confusing – in this case, the abusive father threatens many things if the daughter leaves, like she’ll no longer get his assets when he passes and will have to struggle her whole life, etc. (the same type of financial blackmail that makes grown women stay with abusive husbands even when videotapes show that he’s beating her up.) Or fear that a beloved pet will mysteriously be hit by a car or disappear like that of a sibling who left him. I’m providing these examples because some people like to oversimplify & say the child should just leave.


A:  David's Answer:  Are you saying the Judge switched custody after the child turned 14 - and against the child's stated preferences? If yes, there's plenty of caselaw supporting the "strong factor" a child preference would play at this age. That said, if the Judge already made a determination, your remedy may be an appeal - and even that assuming the decision/order was done 30 days ago (& thus you'd still be able to file a notice of appeal). Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Saturday, February 21, 2015

Do Supreme Court judges allow family and friends to provide support by sitting in the back of the courtroom?

Q:  This relates to a matrimonial / family-related case.


A:  David's Answer:  The courtroom is presumptively open to the public - which thus includes friends or relatives. That said, if those friends or relatives may be called as a witness, the Judge has discretion to exclude them during pre-trial hearings. Call a Westchester Family law attorney to schedule a consult for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

For a post-divorce custody case in Supreme Court, I read that the opening statement should be no more than 4 minutes. How long

Q:  …..should it be for the preliminary hearing as opposed to the full hearing?


A:  David's Answer:  There is no pre-set limit whether you're talking about a preliminary proceeding or a trial. The term "opening statement" really only applies to a trial proceeding, however. That said, then length of how long the Judge will permit you to make a statement (either way) is in the discretion of the individual Judge. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

My daughter had an extremely bad law guardian during my divorce, which ended four years ago. He didn't believe her which caused

Q: her much anguish and caused her younger sister to be abused as well. She's now 22 and just decided she wants to go to law school. Can she graduate in three years and sue her law guardian?


A:  David's Answer:  The statute of limitations on legal malpractice is 3 years. While it's tolled until she turns 18, it starts running at that point. Thus, if she's already 22, it's too late. She can always try filing a complaint with the local Bar Association, however (and/or file a complaint with the Attorneys for Children office at the Appellate Division, 2d Department). Call a White Plains Family Law attorney for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Friday, February 20, 2015

Will I be able to move?

Q:  Right now I live in a small town where everyone knows my ex. We are going through a 3 year divorce. I want to move 20 miles away. My daughters school district would change. Also where I want to move is several minutes from my job and would cut back on my 40 minute during rush hour commute. Is it possible in NY to move 20 miles away. I have primary custody and we share legal custody. There is no moving clause in my custody agreement.


A:  David's Answer:  If there's no radius clause, then the issue will be the potential impact on your ex's visitation as well as involvement in the child's activities. Because you have joint custody (which is what I assume you mean by "legal custody"), you're required to have a meaningful discussion with your ex about your plans. Thus, have that discussion & take things from there. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Saturday, February 14, 2015

My father agreed to pay 75% of my student loans in the divorce agreement he signed with my mother. He has not paid.

Q:  My father agreed to pay 75% of my outstanding student loans from college and he has not paid. The agreement stated that I remain in college as a full time student and graduate within four years. all of which I did. He agreed to this in his divorce against my mother back in 2007. How do I sue him for the money he owes as he is stating that his circumstances were different back then. Is he not responsible for the 75%?


A:  David's Answer:  If he never moved to modify the agreement, and assuming it was incorporated into a judgment of divorce, then he most likely won't be able to "get out of it" now. That said, your mother would be the proper party to bring the enforcement action. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Wednesday, February 11, 2015

HIppa and parental rights? I am the primary, residential parent w/ final decision making power. What rights were violated at ER

Q:  the non custodial allowed my 7 year old to not only eat junk food and soda all day- but he is a holistic child who lives on organic food- non-gmo and has a holistic pediatrician, never gets sick and ended up in the ER while in the fathers care, the ER Dr. treated me like dirt and didn't allow me to speak from walking in after I drove close to an hour upon a text message- the Dr. without a medial record or my sons pediatricians consent or mine- gave my child a drug that would have side effects if my child was allergic, when I asked what he gave my child he called cps on me for "denying medical attention" I had no opportunity to deny or agree as I was treated l like dirt and ignored. the dr also said he had the medical records but later we found out it was a lie

Additional information

also; my sons fathers present girl friend (whom he has beat up & lives with) works at this hospital & was very friendly with the Dr and staff who all treated me with disdain- felt like I walked into the lions den. She was welcome with my child the whole time while I with NO bad background had 10 minute visits and had to keep my mouth shut. The dr told me I was out of line for asking my child what he ate all day. Can someone help -


A:  David's Answer:  If you have joint custody with final decision-making (as is implied in your narrative), then the father arguably violated the terms of the joint custody decree. And unless the Hospital deemed it to be an emergency situation & couldn't wait for your consent, then you may have a medical malpractice case against the hospital (& should contact an attorney who handles such cases). Nevertheless, you may wish to consider filing a petition to modify the joint custody decree to make it more specific regarding medical decisions. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

I submitted an Order to Show Cause to the sheriff's office on Friday, Jan 30, asking them to serve the papers by today, Feb 6...

Q:  But I could tell that my ex did not receive the Order yet, so I called the sheriff's office and they said someone had tried to serve the papers yesterday, Thursday. If the sheriff's office isn't successful in serving the papers today, what will happen? The Court said the papers had to be served by today, Fri, Feb 6. Will I be in violation of a Supreme Court order? 
Here's the timeline. I brought the papers to the Supreme Court on Fri, Jan 23. I received an email from the Court with instructions late on Mon, Jan 26. Tuesday was the epic blizzard, so everything was shut down. I didn't go to the sheriff on Tue or Wed, because I didn't want the papers to arrive on my daughter's 16th birthday. So I brought them to the sheriff last Friday, thinking a week was OK.


A:  David's Answer:  If the papers are served late, but your wife still shows up in court, it likely won't be an issue. If she doesn't show up, however, most likely the Court will adjourn the matter & give you additional time to serve. That said, no offense to the Sherriff's Office, you're better off going with a licensed process server. Schedule a consult with a White Plains Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

I took my ex to court to receive daily phone calls with our child. The order was signed but the 30 days are not up yet. The orde

Q:  Order include frequent telephone contact and my ex has already not allowed it. Can I take her back for a violation now or should I wait til the order is final


A:  David's Answer:  If the order was signed by the Judge, then it is final. I believe the "30 days" you're talking about is the time to appeal. That said, I'd advise to first send a default notice letter to the offending parent, stating the alleged violation & asking that they follow the order henceforth. If there's then another violation, file your petition. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Custody visitation violation

Q:  I sent my ex an email letting her know that I am going to take our daughter out of town on a weekend my ex is scheduled to be with her. My ex never replied and I am still going to take my daughter. If my ex does not reply and I still take her, will this be considered a violation even though I informed her?


A:  David's Answer:  Yes, assuming there's a court order in place giving her that weekend. If you alter what's in the order, it must be upon express agreement - not you merely dictating what you're going to do whether she likes it or not. For a full assessment, schedule a consult with a Westchester Child Custody lawyer.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Wednesday, February 4, 2015

What help or advice can I get

Q:  My husband has neglected me and I have be struggling finacially to even buy food for the pass two years. He doesn't do anything to help me I even of to put gas in his car if I ask for a ride to go any where.


A:  David's Answer:  It seems like the thing for you to do is file for divorce. You can then ask for asset distribution as well as possibly alimony (i.e., maintenance). Call a Westchester Family Law attorney to schedule a consult for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net

Saturday, January 24, 2015

Is it considered child abondment if married but seperated that a mother would go out of town for 1 week and have the father of t

Q:  mother went out of town to vist a friend for a wek and father agreed to keep the children in there home during that time but now says that if not back early will call and have her charged with chilod abondment


A:  David's Answer:  No, as child abandonment would be a situation where the mother did NOT leave the children in the care of another parent, relative or family friend who agreed to temporarily care for them. That said, the mother's well-advised to confirm such arrangements i n writing from now on (and if she doesn't have it, obtain orders of sole custody & child support). Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Saturday, January 10, 2015

Custodial parent left the country with our children. Per court order she must have my written authorization - What can I do?

Q:  We have been in court 3 other times where the custodial parent has left the USA to PERU without my consent or even knowledge. She would just disappear with them, turning off her cell phone and for the time period they are away, I am unable to contact them, know there whereabouts, when they left or when they are returning. The judge ordered that she may not remove our children from the USA without my knowledge or written consent. She has left again without my written consent or my advanced knowledge. What at this juncture can I do to enforce the court order and to ensure she has some consequences to face upon their return. As the non custodial parent I must adhere to court orders & I feel that the custodial parent must adhere to the same. What can I ask of the judge to order against her?



A:  David's Answer:  You should file petitions for violation as well as habeas corpus. The Judge can then consider whether to switch custody to you, or some lesser alternative, such as ordering make-up time, monetarily sanctioning her and/or awarding counsel fees as punishment. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

There isn't a set time for the mother to have visitation, mutual agreement. But mother just thinks that mean free for all...

Q:  My ex and I came to an agreement that I would have custody of my now 14 year old son , we agreed on this threw the courts. The ORDERED that the father shall have custody of the minor child; and it is further ORDERED that the mother shall have such visitation with the minor child as the parties may agree. I let my son visit his mother often normally when ever he would like to. But more recently she picks him up and drops him off when ever she feels like it. I normally give her a time I would like him to come home. She purposely brings him home hours late or even the next day. When the judge has asked her what she would like a far as visitation she said he was older and could decide for himself when he wants to see me. She didn't want set visitation.

Additional information

The other just says you'll get home when you get home. Am I allowed to call cops on her if he isn't home at the time that I request ?


A:  David's Answer:  I'd suggest that you write the mother and ask for to set a schedule. If you cannot agree on one, file a petition for modification & ask the Judge to set a schedule. Schedule a consult with an Orange/Westchester Family Law attorney for more info.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Family court sanctions

Q:  I am about to file an enforcement proceeding against the custodial parent. According to the order she is supposed to call me every day she has our child and allow me phone access. She is constantly missing days and has more or less told me she is not going to follow the order. What kind of sanctions is she looking at?


A:  David's Answer:  The Court may direct make-up time, may fine her, may direct counsel fees & in egregious situations may even consider a switch of custody. That said, the Judge would most likely only switch custody if there were many other factors in your favor. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

In NYS can I legally adopt my girlfriends 26 year old daughter? My girlfriend has cancer and wants us to remain family

Q:  after her death, should that occur?


A:  David's Answer:  Yes, but generally such proceeding are done in Surrogate's Court. Thus, you should speak to a lawyer who handles adoption matters in Surrogate's Court. Call an Orange/Westchester Family Law attorney for more info.   -- David Bliven,Westchester Family Law attorney (www.blivenlaw.net)

Order of Protection preventing my ex from publishing false and damaging information on the web

Q:  Can an Order of Protection include a provision preventing my ex from following up on his threats to publish false and damaging information about me on a web site which he has created for the sole purpose of defamation and slander.


A:  David's Answer:   I respectfully disagree with the other learned counsel in their thinking that respondent posting your information to social media cannot be proscribed in an order of protection. Such acts have indeed been proscribed - and violations of same upheld [Peo. v. Phelan, 82 A.D.3d 1279 (3d Dept 2001)]. As such, you can certainly ask for such a provision in the final order of protection - it obviously remains within the discretion of the Judge whether to grant it or not. Indeed, there's no "free speech" issue in same, as Orders of Protection routinely prohibit threats, which would otherwise constitute pure speech. You should nevertheless schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Enforcement of Order to pay for legal fees

Q:  I obtained an order in which my ex has to pay for part of legal fees I incurred fighting back his appeals which were denied. My ex is not a salaried person and while he is rather rich he has also made him self Judgment Proof by hiding all his assets and income. What is my recourse in collecting the monies he was ordered to pay me. My specific question is if there is precedence in which a person can be jailed for not paying for legal fees ordered by Family Court. I believe that a petition for imprisonment is the only way of collecting any money from my ex since he effectively hid all his assets and claims he has very little income from self employment yet he lives a lavish life style which was documented in front of the judge who issued the order for him to pay for my legal fees.


A:  David's Answer:  Yes - you can file a motion for contempt. You should nevertheless exhaust all other attempts to collect the amount, as before the Judge jails him s/he needs to be satisfied there are no other methods to make him pay. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

When filing an order to show cause in NY family court, what accompanying document is needed

Q:  when filing an order to show cause in NY family court, what accompanying document is needed? Do I need a verification or affidavit? Also If i the petitioner live out of state, can it be served by certified mail?


A:  David's Answer:   If you're representing yourself, then the OSC must be accompanied by a notarized affidavit. You should also attached any relevant exhibits. As to whether certified mail service will be approved is up to the Judge. Schedule a consult with a Rockland/Westchester Family Law attorney for more info.  -- David Bliven,Westchester Family Law attorney (www.blivenlaw.net)