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)