Q: How do you file an Order to Show Cause pro se in family court? The clerk told me that only a lawyer can file this. The clerk also suggested I file a writ of habeas corpus but I am not sure if that would be the right petition. My ex has denied visitation for over a month now.
A: David's Answer: The Clerk is simply explaining that they are not necessarily obligated to draft an order to show cause for you. Generally they do, but otherwise you can simply file a violation petition, get a summons & have a court date in 2-4 weeks. Frankly, even if you file an order to show cause, you're not likely to get an earlier court date anyway. Also, no need to file a habeas corpus petition - that is usually only done when you're the custodial parent & the other parent kidnaps the child. A violation petition is all you need to protect your rights. That said, I'd advise you to schedule a consultation with a Westchester Family Law Attorney for a full assessment. -- 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.
Thursday, January 30, 2014
How do i request a new Law Guardian for my son?
Q: I am a single mother, and for the last 3 years it has been a battle in family court with my son's grandmother on his father's side and my son's father, niether one really bother with my child, the court petitions are a bullying tactic. Now this has been going on for 3 years and for 3 years the law guardian has treated me rudely, unprofessionally and has never had my son's best interset in mind. She has ment with my son a total of once in the past 3 years..she currently had a warrent for my arrest issued because she wants to question my 3 year old privately, and when i asked what was the line of questioning she told me it was "none of your business." she has never ment with the father or this grandmother. she has even been heard talking about her dislike for me in public. What do i do:?
A: David's Answer: You can file a motion to have the law guardian removed. That said, such motions rarely succeed. Principally, the Law Guardian, while s/he should theoretically "be nice" and professional toward you, is the child's attorney (thus owing no duty toward you). Moreover, s/he would be correct in not sharing his/her questions with you, just as it would be inappropriate for one of the attorneys to share your attorney's interview notes with you. Speak with a Family Law Attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You can file a motion to have the law guardian removed. That said, such motions rarely succeed. Principally, the Law Guardian, while s/he should theoretically "be nice" and professional toward you, is the child's attorney (thus owing no duty toward you). Moreover, s/he would be correct in not sharing his/her questions with you, just as it would be inappropriate for one of the attorneys to share your attorney's interview notes with you. Speak with a Family Law Attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Sunday, January 26, 2014
Boys father never sees them i have sole legal physical custody of my boys. my finacee wants to adopt them
Q: My boys father has never really been in there life has never seen them in the last almost 5 years. i have sole legal physical legal custody of my boys. Can i get his rights signed off and my fiancee adopt them. if so how much an how do you do it?
A: David's Answer: You would seem to have good grounds for an adoption. Either the biological father can sign a surrender, or you can have his rights terminated by the court on the basis of abandonment. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You would seem to have good grounds for an adoption. Either the biological father can sign a surrender, or you can have his rights terminated by the court on the basis of abandonment. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Do I need to be married in order for my boyfriend to adopt my daughter?
Q: My daughter is 7 years old. I have been with my boyfriend for 5 years and we have a child together. My daughters father has been very sporadic with his visits and in the last month has been emotionally abusing her. She has been in counseling (because of this situation) and when he found out he was enraged. He told me and her that she is not to speak to anyone about him and demanded that she be taken out immediately.. He has now said that he spoke to his lawyer and wants to know if he signs away his rights will my boyfriend adopt her. My bf treats my daughter like his own and she tells me quite often she wishes he was her "real" dad. Do I have to be married in order for this to happen? We plan on getting married in the near future, and If we do have to be married we will immediately.
A: David's Answer: No, you do not need to be married. The biological father can execute a surrender to allow the adoption to proceed. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: No, you do not need to be married. The biological father can execute a surrender to allow the adoption to proceed. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
It petitioner has legal aide and respond is going to be assigned 18b lawyer can they file a cross suit at same hearing?
Q: The Court date is scheduled, respondent seeks to file a cross suit, can it be filed prior to hearing since 18b lawyer will not be assigned until the hearing? Also can it be heard at the same hearing since it is a cross suit/summons? Or will it be a different case all together? Can the same lawyer be used for the cross suit/summons?
A: David's Answer: Generally the respondent in a Family Court matter can file a counter-petition. However, it must be filed & served more than 8 days before the court date to be heard the same day. While considered a separate case, it will generally be heard at the same day & time as the other petition. And yes, the same attorney can represent you on both cases. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Generally the respondent in a Family Court matter can file a counter-petition. However, it must be filed & served more than 8 days before the court date to be heard the same day. While considered a separate case, it will generally be heard at the same day & time as the other petition. And yes, the same attorney can represent you on both cases. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Would myself and children be able to accompany my husband whose father has filed
Q: he is at the point where a dna is requested. we got married three years ago.
A: David's Answer: Accompany them where? To the test? Or is this an immigration question? If this is an immigration question, re-post under the correct category. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Accompany them where? To the test? Or is this an immigration question? If this is an immigration question, re-post under the correct category. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can my husband sell or tell people that my house is for sale? He moved out in October. Everything is in both names.
Q: We own a 2 family & my daughter & her family rent the 2 fl. He told them that unless I allow him to come back within a wk he was selling the house. & that they are to start paying him the rent money or else they can move. Can he do that? He has also been driving by the house anywhere between 15/20 times a day. My neighbors are starting to feel uneasy as are my kids when I'm home alone. I am on disability and I can't afford to get a lawyer. I don't know what to do.
A: David's Answer: He cannot sell the marital residence without getting approval of the divorce court. If you believe he's stalking out, consider filing a police report and/or filing for an order of protection. Consult a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: He cannot sell the marital residence without getting approval of the divorce court. If you believe he's stalking out, consider filing a police report and/or filing for an order of protection. Consult a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Hello,must the list of bank ac/s incl. in the prenup contain the a/c numbers or can we just list the institutions & balances?
Q: My fiancé and I are preparing our prenup. We are happy to include all of our individual bank and brokerage account balances, but feel that it's a bit of a security risk to include also the account numbers in case the document falls into the wrong hands. Could we just list institutions where the funds are held and the account balances or is it a pre-requisite to include the account numbers for the prenup contract to be valid and enforceable? Please advise. Thanks.
A: David's Answer: If you have assets wroth protecting, then it's also worth spending some money on a lawyer to make sure it's done right. Many of the forms you obtain off the internet aren't worth the paper they're written on - that's why they're free (or cheap). Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you have assets wroth protecting, then it's also worth spending some money on a lawyer to make sure it's done right. Many of the forms you obtain off the internet aren't worth the paper they're written on - that's why they're free (or cheap). Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
X fiance ran away with 25 year old and all of my money, can I sue?
Q: I was engaged to a man for 5 years we lived together for 7 he was my boss, he held a high position in a large company. we were getting married so I spent all of my money about 150k and all that i earned on his house we were living in, i was to be put on the mortgage. caught him with escort service charges and a relationship with a woman 25 years younger. I moved out, my job was eliminated. ( upper management did not know about relationship), he said he will make it right and return my $ when he sells house. no such luck has been 2 years. have $ into a local attorney has suggested mediation. is now living part time in CAD, bc chick is not legal in US and he has duel citizenship. Owes x-wife 300k last I knew. She has not pushed to issue getting interest. Has a lot of equity in real estate
A: David's Answer: There are civil claims you may have, such as a constructive trust and/or promissory estoppel. Speak to a Family Law lawyer or civil litigation lawyer in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: There are civil claims you may have, such as a constructive trust and/or promissory estoppel. Speak to a Family Law lawyer or civil litigation lawyer in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, January 18, 2014
In New York State can you move out at 17?
Q: I would like to move in with my boyfriend and his family. I'm 17. I'm in high school in 12th grade and i would have transportation to and from school. His parents are willing to provide for me until i graduate. I live in New York State.
A: David's Answer: The short answer is no, because you are still a minor. Your parents could still file a "Person in Need of Supervision" petition up to the age of 18. Speak further with a Family Law lawyer in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: The short answer is no, because you are still a minor. Your parents could still file a "Person in Need of Supervision" petition up to the age of 18. Speak further with a Family Law lawyer in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Does being married to someone other then your child's biological father have any hindrance on going for child support?
Q: I want to take my daughters biological father to court for child support. My daughter is 4 going on 5 next month so i want to ask for a rears as well cause he gives no financial support but gets visitation. Does me being married to someone else make this process any more difficult? I do plan on moving in with my husband with my daughter, and her father will be notified and have the address and contact information. I am currently pregnant from my husband now. My daughter loves him, we are starting a family together and would like to move forward. I also would like to know if receiving child support counts as a source of income when filling for taxes?, and how does that affect my husband if it does?
A: David's Answer: You can only get arrears dating back to your petition filing date. You being married doesn't affect anything, unless you had the other father's child while married to your present husband. Finally, child support does not count as income for tax purposes. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You can only get arrears dating back to your petition filing date. You being married doesn't affect anything, unless you had the other father's child while married to your present husband. Finally, child support does not count as income for tax purposes. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Will they move our case to family court???
Q: My Now Husband and I had problems in the past b4 we were Married and I had two order of protections on him the second one I did not know was still in effect we got married when the first one expired , come to find out this next one doesn't expire till October this year , and now we have a new born baby we are getting a lawyer to see if they can drop it , I know most judges are reluctant to do so . Can they possibly move this case to family court to drop it so he doesn't have to worry about seeing his son an living with us..
A: David's Answer: If your present case is in Criminal Court, then it cannot be moved to Family Court. That said, the DA should consent to amending the order to allow for visitation. He may then need to commence a Family Court visitation proceeding. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If your present case is in Criminal Court, then it cannot be moved to Family Court. That said, the DA should consent to amending the order to allow for visitation. He may then need to commence a Family Court visitation proceeding. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can I file fresh evidence on appeal?
Q: Hello, I am representing myself in a family appeal. I defeated my ex-husband's application for an order of protection in family court, and he is appealing. Since that time though, he has had me arrested by filing false complaints in three different jurisdictions (at different times). The D.A. of each of these five jurisdictions dropped the complaints against me, because they concluded he is a big liar. HOw do I get this in front of the Appellate Division? I want them to know, as they decide his appeal, that he kept getting me arrested, and that three d.a.'s all decide he is big liar. This would help me. Please tell me what section to look at for this motion and how to file. Thanks!!!
A: David's Answer: If you do not have the money to retain an attorney, strongly consider filing a motion for the court to assign you an appellate attorney. If you do not know a basic question such as this (& I do mean no offense at all), you should not be handling this appeal by yourself. That said, the answer is no. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you do not have the money to retain an attorney, strongly consider filing a motion for the court to assign you an appellate attorney. If you do not know a basic question such as this (& I do mean no offense at all), you should not be handling this appeal by yourself. That said, the answer is no. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, January 15, 2014
Can I change my maiden name to a different one of my choice although I'm married and use husband's last name?
Q: I'm not getting divorced but want to have a different maiden last name. Thx.
A: David's Answer: If you have your husband's last name via the marriage certificate, then you will need to amend your marriage certificate. One proviso: you cannot use your husband's last name for some purposes and your maiden name (or another surname) for other purposes. Legally, it must be consistent - so if you wish to stop using your husband's surname, then you can amend the marriage certificate. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you have your husband's last name via the marriage certificate, then you will need to amend your marriage certificate. One proviso: you cannot use your husband's last name for some purposes and your maiden name (or another surname) for other purposes. Legally, it must be consistent - so if you wish to stop using your husband's surname, then you can amend the marriage certificate. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Once something is set for conference in ny family court do i have to be concerned about proper service?
Q: there were 2 matters in front of the family court judge today, an order to show cause filed by opposing counsel and a violation petition filed by me. the order to show cause was decided today and matter closed, however when i told the court that there is a violation matter pending, the opposing attorney contested proper service. I of course argued that he was served. So the judge asked opposing counsel if he would agree for the matter to be set for "CONFERENCE" next month and he consented. Does this mean that I dont have to worry or prove proper service at that conference or do I still have to prove it? If I do have to prove service can I do it now again and have him properly served?
A: David's Answer: To cover your bases, I'd communicate with opposing counsel and inquire as to whether s/he still is contesting service in light of the consent adjournment. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: To cover your bases, I'd communicate with opposing counsel and inquire as to whether s/he still is contesting service in light of the consent adjournment. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
In NY family court what is a CONFERENCE?
Q: I want to understand what is a CONFERENCE in NY family court, and how does it differ from "Appearance", " Hearing" and other terminologies
A: David's Answer: A conference is a type of "appearance," but differs from the terms "hearing" or "trial" in that no testimony is going to be taken that day. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: A conference is a type of "appearance," but differs from the terms "hearing" or "trial" in that no testimony is going to be taken that day. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can cps question my minor child without consent in new York state
Q: State
A: David's Answer: Yes - there often do so in the child's school as the teacher can give that consent. If they come to your house, however, they must generally have your consent or a court order. Schedule a consultation 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 - there often do so in the child's school as the teacher can give that consent. If they come to your house, however, they must generally have your consent or a court order. Schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Do I have a civil sue ?
Q: My kids father had me arrested with false accusation to gain custody of the kids. This caused me to lose my kids ( which caused emotional stress ) , I lost my job ( lost of wages) this messed up my reputation with other jobs ( once they conduct a background check I get denied of the job ) also my kids father verbally abuses , harasses & threatens me. What can I do ?
A: David's Answer: First, you'd need to defeat the criminal charges. You would need to prove that the father perjured himself. Second, if successful, you can sue for abuse of process and/or malicious prosecution. You can also use the vindication in criminal court as a basis to modify the switch of custody. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: First, you'd need to defeat the criminal charges. You would need to prove that the father perjured himself. Second, if successful, you can sue for abuse of process and/or malicious prosecution. You can also use the vindication in criminal court as a basis to modify the switch of custody. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
How does one get a protective order extended in NYS if your ex keeps calling CPS on you and interfering with your parenting?
Q: CPS has been called 6x in efforts to have my child taken away. I have numerous texts stating he was going to have child taken and put into the state system and that he was going to get the tri state agencies involved. Its continual harassment in the court as well. He just got served with child support papers just recently as well. Can we say retaliatory?
A: David's Answer: You generally cannot get an order of protection for your ex calling in false reports to CPS. Generally orders of protection are meant to prohibit domestic violence & this generally does not constitute same. That said, you can report him to the police, as well as move for sanctions and/or restricted access within the custody/visitation case. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You generally cannot get an order of protection for your ex calling in false reports to CPS. Generally orders of protection are meant to prohibit domestic violence & this generally does not constitute same. That said, you can report him to the police, as well as move for sanctions and/or restricted access within the custody/visitation case. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, January 11, 2014
Why is child protective services beating around the bush?
Q: Cps has an"indicated" report of child neglect in regards to my two boys because my ex's boyfriend was dealing coke ot of her house. I have tsmp custody of them until trial in the spring. The boys lovs living with me and don't want to be wirh their mother. Why is cps sooooo reluctant to implicate or blame my ex??? Everytime I ask direct questions they dance around my ex having ANYTHING to do with it even though my kids say that she was in the house while it was going on? Is it the goal of cps to act only after my kids get hurt or possibly die???? If the report was indicated then how does she get away scott free?? Even if she didn't know....she was responsible for their well being and she knew he was bad news.
A: David's Answer: Ultimately it is within their sole discretion whether to bring a child neglect case against the mother. They may feel she was somewhat at fault, but there was not enough fault - based on whatever facts they uncovered in their investigation - to warrant neglect charges. Speak further with an Orange/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Ultimately it is within their sole discretion whether to bring a child neglect case against the mother. They may feel she was somewhat at fault, but there was not enough fault - based on whatever facts they uncovered in their investigation - to warrant neglect charges. Speak further with an Orange/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Is getting arrested for choking someone (she was not charged with assault) a violation in a cps acd for neglect case?
Q: The woman i am asking about was also out drinking at a bar that night and we have temp. cust. of her daughter. She has an ACD for 6 months but got arrested for choking her mother. I believe her mother will drop the charges. Will this violate her ACD...and if so, will it even if the charges are dropped?
A: David's Answer: This depends on the exact terms of the ACD order. Make sure the caseworker is aware of the charges. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: This depends on the exact terms of the ACD order. Make sure the caseworker is aware of the charges. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, January 8, 2014
Can we kick out our 19 year old out of the house in NYS without having to pay support?
Q: Our 19 year old has flaunted our reasonable house rules and thinks of themselves as untouchable. Someone told our kid we can't kick them out and now it is getting worse. They stay out all night, does not call, has numerous "friends" over for "adult" activities when we are not home and has shown no remorse. In fact, they are now emboldened. We have a young child sharing the house, and we do not feel safe with all these strangers over. We have told them to stop, but again, they think "untouchable". They refuse to chip in around the house, never pays bills and demands everything (needs a reality check!) I read that we are able to legally kick an 18 year old out but are on the hook to pay support until she is 21, assuming they go to SS. What do we need to prove to avoid these payments?
A: David's Answer: You ultimately have to financially support children in NY until they're 21. As such, they can technically be "free-loaders" until they're 21. If you remove them from the house, the 18yo may file a petition for support. You'd then need to prove s/he emancipated him/herself by virtue of his/her actions. Speak further with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You ultimately have to financially support children in NY until they're 21. As such, they can technically be "free-loaders" until they're 21. If you remove them from the house, the 18yo may file a petition for support. You'd then need to prove s/he emancipated him/herself by virtue of his/her actions. Speak further with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can a settlement agreement include a provision that no party can return to family court but only to arbitration?
Q: I want to write a settlement agreement with my ex-wife, that would include a provision that any future dispute must be handled by arbitration and not in Family Court. If she would violate the settlement and take a future matter to the court, will the court honor our agreement and make her go to arbitration?
A: David's Answer: You can have a mediation clause in a settlement agreement - but you cannot completely preclude either party from ultimately going back to court if mediation fails. You can made mediation a precondition to filing a modification petition in Family Court, however. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You can have a mediation clause in a settlement agreement - but you cannot completely preclude either party from ultimately going back to court if mediation fails. You can made mediation a precondition to filing a modification petition in Family Court, however. Schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, January 4, 2014
How do I get my granddaughters mom to let me have pics and information on my granddaughters well being
Q: my granddaughters mom lives in Plattsburgh and has been sending me pics and calls me to let me know how my granddaughter is doing she is 1 year old and now she refuses to do so and says I will never hear about her or see her again ,the babys grandfather and myself have stopped giving her money because we found out she was spending it on herself,my son the babys dad is incarserated for 3 years and she says the baby will no longer be in contact with any of his family.my heart is broke please help me
A: David's Answer: You can file a grandparent visitation petition with the Family Court. Most of the time, courts will grant at least 1 day of visits per month on such applications. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You can file a grandparent visitation petition with the Family Court. Most of the time, courts will grant at least 1 day of visits per month on such applications. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Does a response to opposing counsels petition require an affidavit of service?
Q: My wifes attorney filed a petition in NY family court. I being pro se sent the court my response to his petition, and i sent him a copy of my response. Do i need any proof of service that i sent him a copy or any other document needing a notary public to sign? Is a fax transmission report or email proof that he received it?
A: David's Answer: As I stated in my prior reply to your posting, any "Answer to a Petition" or "Reply to a Motion" needs a notarized affidavit, as well as a notarized affidavit of service. Failure to submit same is grounds for the Judge to disregard it. All the more reason, if you are not sure of proper procedure, to (at the least) schedule a consultation with a Rockland/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: As I stated in my prior reply to your posting, any "Answer to a Petition" or "Reply to a Motion" needs a notarized affidavit, as well as a notarized affidavit of service. Failure to submit same is grounds for the Judge to disregard it. All the more reason, if you are not sure of proper procedure, to (at the least) schedule a consultation with a Rockland/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Do i need to send a hard copy to the family court if i already faxed them a copy?
Q: I responded to an Order to show cause which seeks to modify an existing visitation order from Family court in Rockland county, by faxing my response with all supporting exhibits to the court. Must I send via mail all the same faxed documents? If the order to show cause will be heard before my mail package arrives, is there any sense in mailing it?
A: David's Answer: If your "response" was an affidavit (which it should have been), then yes, the Court will need the original to be filed. The Court will also need to receive an affidavit of service stating that someone other than your self mailed a copy of those papers to the other side. Schedule a consultation with a Rockland/Westchester Family Law lawyer for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If your "response" was an affidavit (which it should have been), then yes, the Court will need the original to be filed. The Court will also need to receive an affidavit of service stating that someone other than your self mailed a copy of those papers to the other side. Schedule a consultation with a Rockland/Westchester Family Law lawyer for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can paramour boyfriend with domestic violence record move in to home with young children prior to divorce?
Q: he pled guilty to charges contempt 1 domestic violence from previous wife he is on parole has many civil judgments disputes over the years landlord tenant non payment my wife im divorcing started seeing him about 7 months ago .
she moved him in home with my young daughters 4 ages 8-13 this is wrong I pay all 100percent bills, cars, mortgage. utilities ,upkeep and much temp maintenance and all insurance .Will a judge allow this in NY trial keeps getting postponed and no settlement cause I pay all
and how will it affect custody also the man has sent me threatening letters will judge allow
A: David's Answer: This is certainly a factor the Judge will consider on the custody issue. You need to get certified copies of the criminal history. You should also keep a paper-trail with the mother & express your concern and ask that she re-consider allowing him that much access to your children. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
she moved him in home with my young daughters 4 ages 8-13 this is wrong I pay all 100percent bills, cars, mortgage. utilities ,upkeep and much temp maintenance and all insurance .Will a judge allow this in NY trial keeps getting postponed and no settlement cause I pay all
and how will it affect custody also the man has sent me threatening letters will judge allow
A: David's Answer: This is certainly a factor the Judge will consider on the custody issue. You need to get certified copies of the criminal history. You should also keep a paper-trail with the mother & express your concern and ask that she re-consider allowing him that much access to your children. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Does a custodial parent have a voice in whether or not a parent is incarcerated for being behind in child support payments?
Q: My granddaughter is in the custody of her paternal grandmother. My daughter was recently jailed for being unable to keep up support payments, due to unemployment. Would she have been put in jail if the grandmother was not in agreement with incarceration as a course of action? This is in Livingston County, NY.
A: David's Answer: If the child support order is in favor of the grandmother (as opposed to DSS), then yes, she can state to the Judge whether she requests incarceration or not. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If the child support order is in favor of the grandmother (as opposed to DSS), then yes, she can state to the Judge whether she requests incarceration or not. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
My ex- wife filed a motion to modify my visitation in new york state family court. can i respond with a letter or is there aform
Q: her attorney filed a petition to modify an existing order. this was filed with an order to show cause. can i respond with a letter in opposition or is there a special form to use for NYS family courts?
A: David's Answer: If you were summoned to appear in court, then you either need to personally appear or file a request to appear by phone (the form for the latter is on the court's website). You should also file an Answer to the Visitation Petition - but there's no official form for same. At the least, you should schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you were summoned to appear in court, then you either need to personally appear or file a request to appear by phone (the form for the latter is on the court's website). You should also file an Answer to the Visitation Petition - but there's no official form for same. At the least, you should schedule a consultation with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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