I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Friday, November 20, 2015
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)
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)
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)
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)
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)
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)
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)
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