Q: We have joint residential custody and are selling the house. I want to move closer to work and he says he will not agree to moving the children to another daycare no matter where I move because it is closer to him. Can this happen? In the divorce agreement we agreed to sell the house and I could move to a surrounding county (all listed). What happens in this instance and what decisions can I make with out his approval? He is making everything difficult because he is mad at me.
A: David's Answer: I'd suggest to first attempt mediation. If that fails - or if your agreement doesn't suggest utilizing same - then file a petition for permission to relocate. -- David Bliven, Westchester Family 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, November 13, 2014
Wednesday, November 12, 2014
Does it count as medical neglect?
Q: My 13yr old is in temporary care of department of social services til feb 2015 she was injured in residential care while being left unattended and hurt her ankle the emergancy room doctor directed staff to have her on bed rest and stay off the foot for 3 days but the staff didnt follow medical attention and still sent her to school the very next day and had her walking around on it.
A: David's Answer: Possibly - but it depends in part on the reason why they did this & also whether they received subsequent medical advise. -- David Bliven, Westchester Family attorney (www.blivenlaw.net)
A: David's Answer: Possibly - but it depends in part on the reason why they did this & also whether they received subsequent medical advise. -- David Bliven, Westchester Family attorney (www.blivenlaw.net)
Do you still receive child support for a 18 year old that is no longer in school and isn't working?
Q: I know New York state you have to pay child support until the child is 21, but what if the child is no longer in school and in not currently employed. If the child does get a part time job will child support for that child stop ?
A: David's Answer: Yes, support is paid in NY until age 21 unless sooner emancipated. If the child isn't going to school & only employed part-time, then it's very unlikely the child would be considered emancipated. -- David Bliven, Westchester Family attorney (www.blivenlaw.net)
A: David's Answer: Yes, support is paid in NY until age 21 unless sooner emancipated. If the child isn't going to school & only employed part-time, then it's very unlikely the child would be considered emancipated. -- David Bliven, Westchester Family attorney (www.blivenlaw.net)
Monday, November 10, 2014
My x husband hasn't paid child support in over 10 yrs. makes no effort to be in her life can i terminate his rights?
Q: We divorced when she was 4. and he makes no effort to be in her life . he hasn't paid child support in 10 years. it seems he falls through the cracks and paperwork gets lost by the courts all of the time . i show up at every court date he doesn't. there was a bench warrant for him but it expired . he gets in no trouble for non payment. he doesn't care about her neither does his family. they have no relationship at all. could i terminate his rights and change her name(she requested the name change) . i have done it this long on my own without his support. so just ending it wold be fine. what do i need to do? do i go back to the state it originated in or can i do it from the state i live in now?
A: David's Answer: You can only terminate his parental rights in the context of a step-parent adoption proceeding. Public policy in NY forbids the bastardization of children. -- David Bliven, Westchester Family attorney (www.blivenlaw.net)
A: David's Answer: You can only terminate his parental rights in the context of a step-parent adoption proceeding. Public policy in NY forbids the bastardization of children. -- David Bliven, Westchester Family attorney (www.blivenlaw.net)
Monday, November 3, 2014
My ex is currently trying to increase the amount of child support. A decision came back in my favor, however, I noticed on the
Q: bottom of the decision/order, the first cc is: "Westchester County
Office of Child Support Enforcement, Interested Party." Should that
concern me? My ex is very, very sneaky -- and I can definitely see him
trying to tell inaccurate stories to people in the court system who he
thinks may be able to help him behind the scenes without their knowing
the full story. He recently objected to the court's decision and I sent
in a rebuttal. In the meantime I noticed this odd cc. Do I need to
worry and/or should I be seeking similar support from someone in that
department?
A: David's Answer: I don't see this as a problem, assuming SCU is collecting the order. If they are not involved in any way, then I'd advise to bring in a copy of the order - and findings of fact - to a lawyer for an assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: I don't see this as a problem, assuming SCU is collecting the order. If they are not involved in any way, then I'd advise to bring in a copy of the order - and findings of fact - to a lawyer for an assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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