Q: I am being accused of not medicating my child, and it is a false accusation, however this has taken an emotional toll on my mental and physical health, to the point that I recently thought that I was having a heart attack at the age of 29.This is why I would need the process to be temporary in order to take care of myself and them better in the future.
A: Daivd's Answer: You may talk to the CPS agency involved about doing a temporary placement. That said, if there's already a child neglect case pending against you, it may be harder to get the child out of foster care than you think. Before making any decision, it behooves you to schedule a consultation with an Orange/Westchester Family Law attorney, particularly one experinces with CPS matters. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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.
Tuesday, May 28, 2013
Can I request an order of protection for my mother?
Q: My 80 year old mother was assaulted by my 27 year old niece who was drunk and on drugs. The police were called. My mother was hospitalized for 3 days. She is refusing to press charges because my niece has young children and doesn't want them to be taken by social services. Can I contact the courts and request that she be given an order of protection from my niece? Would the courts automatically issue this?
A: David's Answer: If you do not have guardianship or full power of attorney over her, then the Court will most likely not allow you to "petition on her behalf." You'd then be left in a situation of convincing her to file. Your other option is to call Adult Protective Services & file an abuse report and/or call the police. It may behoove you to schedule a consultation with a Dutchess/Westchester Family Law attorney & perhaps bring her in with you so she can hear from a lawyer what her options are. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you do not have guardianship or full power of attorney over her, then the Court will most likely not allow you to "petition on her behalf." You'd then be left in a situation of convincing her to file. Your other option is to call Adult Protective Services & file an abuse report and/or call the police. It may behoove you to schedule a consultation with a Dutchess/Westchester Family Law attorney & perhaps bring her in with you so she can hear from a lawyer what her options are. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Friday, May 24, 2013
I live in NY,and my daughter and her mother lives in CT. My daughter is 19, not in school or living at home, when does CS end.
Q: In 2011 my daughter and her mother had a physical fight and my daughter left and starting staying with my sister. I got in touch with her and told her that either she goes home or come live with me or the police will be involved and she replied that she would rather go with the police. I than called the police and met them at my sisters apt. but before the police came my sister took her to stay with someone else. At the time my daughter was 17 and she hasn't lived at home since. I went to family court here in Westchester county and was told that they could not do anything and that I had to go to CT family court. I than went to CT family court and was told that they can not make her go home or come live with me because she was 17 ,and that CS ends at the age of 18 in CT.
A: David's Answer: Which state issued the support order, CT or NY? If NY, then support continues until age 21. The best thing you can do if she's not living with the mother is file a change-of-payee petition if the order was issued in NY. You can always take her in yourself, in which case you'd have a basis for a termination petition. Nevertheless, you're encouraged to schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Which state issued the support order, CT or NY? If NY, then support continues until age 21. The best thing you can do if she's not living with the mother is file a change-of-payee petition if the order was issued in NY. You can always take her in yourself, in which case you'd have a basis for a termination petition. Nevertheless, you're encouraged to schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Tuesday, May 21, 2013
Parental obligations?
Q: do i have to pay child support if we agreed to have and abortion or put the baby up for adoption and she reneged?
A: Assuming the baby was born & you're the father, the answer is yes. Such "out-of-court" agreements are not binding. If she's suing you for support now, or threatening to, you're best advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: Assuming the baby was born & you're the father, the answer is yes. Such "out-of-court" agreements are not binding. If she's suing you for support now, or threatening to, you're best advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can a Matrimonial judge overrule Federal Law?
Q: In the Decision After Trial, the judge granted my ex the right to deduct our youngest child on his taxes. I never signed the IRS form, and was not required to in the Decision. Now its years later, and I provide the majority of support, have sole custody and there is no visitation. He is suing me for deducting the youngest. The IRS office says I am in compliance. Does the Decision supersede Federal Law? Please respond - I am back in court tomorrow.
A: David's Answer: It's not so much that the Judge is "overruling" IRS regulations. It's that the IRS regulations - which say the custodial parent is generally entitled to the deduction for the children - merely sets up a general rule. State Judges are then allowed to make decisions/orders which make an exception to that general rule. If there was an order in place and you violated, then you should do 1 of 2 things or both: (1) file an amended return, and/or (2) file a modification petition requesting a re-consideration of the deductions (and/or an upward modification if more than 3 years has passed since the Judge's prior decision). For a full assessment, I suggest setting up a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: It's not so much that the Judge is "overruling" IRS regulations. It's that the IRS regulations - which say the custodial parent is generally entitled to the deduction for the children - merely sets up a general rule. State Judges are then allowed to make decisions/orders which make an exception to that general rule. If there was an order in place and you violated, then you should do 1 of 2 things or both: (1) file an amended return, and/or (2) file a modification petition requesting a re-consideration of the deductions (and/or an upward modification if more than 3 years has passed since the Judge's prior decision). For a full assessment, I suggest setting up a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
How do I get a lawyer to represent me in family court with no retainer and fight for my ex spouse to pay for his/her fee?
Q: He us also deducting $300 monthly from the child support to pay for my kids health insurance. This is not court ordered support. I fueled petition with OC court and the day of court he filed in Yonkers court for visitation... even though he never shows up anyway
A: David's Answer: If you qualify, the court may assign you a free lawyer. If you're looking to hire a private attorney, most will require some kind of retainer to start off with, depending on your ability to pay, the complexity of the case as well as the perceived likelihood the court will order the father to pay counsel fees. Thus, you should shop around & schedule consultations with Westchester Family Law attorneys. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you qualify, the court may assign you a free lawyer. If you're looking to hire a private attorney, most will require some kind of retainer to start off with, depending on your ability to pay, the complexity of the case as well as the perceived likelihood the court will order the father to pay counsel fees. Thus, you should shop around & schedule consultations with Westchester Family Law attorneys. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
If I am in trial to get custody back for my son whom is presently in foster care is my new baby going to be taken from me
Q: My son has been in foster care for almost three years and the department is constantly filing petitions on me no matter if they have to lie in them or tell the truth, they don't care. I am due to give birth in less than 30 days and I need to know if my new baby is going to be taken from me. There hasn't been a final decision made yet on my son who is in foster care, but the department has filed to terminate my rights and there is a suspended settlement in action.
A: David's Answer: On your facts, I see it as highly likely your newborn will be taken at the Hospital. That said, there are exceptions to that general rule, such as why your current child was taken in the first place as well as the progress you're showing in your programs. You should thus schedule a consultation with a Dutchess/Westchester Family Law attorney, particularly one with a good deal of experience with CPS cases. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: On your facts, I see it as highly likely your newborn will be taken at the Hospital. That said, there are exceptions to that general rule, such as why your current child was taken in the first place as well as the progress you're showing in your programs. You should thus schedule a consultation with a Dutchess/Westchester Family Law attorney, particularly one with a good deal of experience with CPS cases. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, May 18, 2013
Can a prenup ever be beneficial in getting a marriage visa approved?
Q: Meaning, can it be used as proof that
the beneficiary is not looking to abandon the US spouse in the future, and would
not be getting monetary gain from the relationship? My brother was told that the
main hurdle in his case would be convincing the immigration officer that the
marriage is being entered for love reasons only. If the he, as a beneficiary, is
willing to sign a legal agreement stating that if he were to leave his US
citizen spouse, she would get everything he has + alimony etc., could it be used
as proof that he is marrying solely for love and no other
gain?
A: David's Answer: It is questionable whether such an agreement would benefit your immigration case. I would advise to shop around and get different opinions from immigration lawyers. If you are convinced it could have even a marginal impact & wish to proceed, then I encourage you to contact a Divorce/Matrimonial lawyer to schedule a consultation. -- David Bliven, White Plains Family Law Attorney (www.blivenlaw.net)
A: David's Answer: It is questionable whether such an agreement would benefit your immigration case. I would advise to shop around and get different opinions from immigration lawyers. If you are convinced it could have even a marginal impact & wish to proceed, then I encourage you to contact a Divorce/Matrimonial lawyer to schedule a consultation. -- David Bliven, White Plains Family Law Attorney (www.blivenlaw.net)
Can I file a report with the police for verbal, emotional, physical and now financial abuse from my spouse for records?
Q: Married for 4 years. Have a toddler.
I am a housewife. Domestic abuse has escalated in the past recent
months.
A: David's Answer: Especially if the abuse has gorwn physical, you may report it to the police and/or file for an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
A: David's Answer: Especially if the abuse has gorwn physical, you may report it to the police and/or file for an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
Can I report this incident to the police or is this too late?
Q: While driving in a vehicle on a
highway, husband and I were having a disagreement. Daughter was in child car
seat in back. Husband was in back seat behind me. He opened the door while
vehicle was in motion at highway speed on a highway. He did this twice a year
ago on two separate occasions. If I reported this incident, would they file a
report. Would an arrest be made? What would happen?
A: David's Answer: It is hard to say whether the police would arrest him, but your instinct to report it is sound. If he's irrational enough to do that, what else is he capable of doing? You should consider filing for divorce and/or an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
A: David's Answer: It is hard to say whether the police would arrest him, but your instinct to report it is sound. If he's irrational enough to do that, what else is he capable of doing? You should consider filing for divorce and/or an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
Is it illegal in New York for someone without authorization to covertly affix a GPS electronic monitoring device on a vehicle?
Q:
I'm in the early stages of a divorce action. Found a google search
document on my spouses dresser of the device. Clearly for travel
monitoring.
A: David's Answer: Yes, it could arguably be a form of stalking. More details would be needed, such as whether title to the vehicle is also in your spouse's name, whether s/he was still residing with you at the time of monitoring, what his/her purported reason for using the GPS was, etc. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
A: David's Answer: Yes, it could arguably be a form of stalking. More details would be needed, such as whether title to the vehicle is also in your spouse's name, whether s/he was still residing with you at the time of monitoring, what his/her purported reason for using the GPS was, etc. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
Can I file a violation of an order of protection based on the facts shown below?
Q: After suffering years of excessive
corporal punishment from his father, my son recorded his father striking his
brother repeatedly. I was able to get an Order of Protection that prohibits
corporal punishment but the new judge was unwilling to limit visitation since
there is a long history on our case. The next weekend my sons went to their
fathers house and he got into an altercation with my son. One of the things that
caused the fight was that he told my son he would accuse him of sexually abusing
his brother in retaliation for him recording him striking his brother. During
this fight he shoved my son up the stairs and proceeded to pound on the bed
screaming at him. Can I file a violation? I am extremely worried about his
threat to my son.
A: David's Answer: If the order prohibits corporal punishment, and he shoved the child, then this at least arguably is a violation. Your next step would be to file a violation petition. I also suggest to contact the children's attorney. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
A: David's Answer: If the order prohibits corporal punishment, and he shoved the child, then this at least arguably is a violation. Your next step would be to file a violation petition. I also suggest to contact the children's attorney. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
Do I have to give my baby his fathers last name?
Q: My boyfriend and I are moving in
together after 5 years. We are having a son in March. He is convinced that the
only option for my son is to have his last name. He says that if I give the baby
my last name it would alert social services that he is either not involved or
that we have problems. My reasoning is that we are not married and likely won't
so why should I call my son by a different last name to mine? Can you please
advise?
A: David's Answer: You may give the child your last name if you desire. Merely listing your last name as opposed to the father's will not trigger any report to DSS. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You may give the child your last name if you desire. Merely listing your last name as opposed to the father's will not trigger any report to DSS. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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