Q: my ex has filed false reports against me to win a custody case. She filed a family offence petition in it it states that I argued with,swore at a police officer and drove away still yelling at the police officer without having a drivers licence. I never met the police officer,he never met me and I was 40 min away at the time she says this happened. Also I picked up the police narrative and spoke to the officer. No place in the police narrative does it say the police officer even spoke to me.Then after court last time she had me arrested for waiting on the side of the road for her then trying to run her off the road. It did not happen ! How do you prove it did not happen. Would the fact that she has a past of lying to Child protective services about me help ? I spent 8 months in jail because of her lye's and when I was released I asked for a hearing with Social Services . They concluded that I proved with great evidentiary weight I did not do the things she said. Is there any way to defend myself and press charges against her ? This kind of stuff has gone on for 10 years and it needs to stop !
A: David's Answer: In short, the way you "defend yourself" is at trial. Subpoena the police officer for trial. If all her allegations in the present petition consist of conduct directed towards the police, consider filing a pre-trial motion to dismiss, as I do not see how those allegations would amount to a crime against her. Schedule a consult with a Family Law attorney in your area. -- 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.
Saturday, March 8, 2014
I am acting pro se in family court. what format do i use with a cplr 3122 objection? responding to new petition
Q: I won judgment for ex to pay 1/2 college. presently in court for enforcement. his new lawyer's new petition demands discovery on items already ruled upon. I am writing an objection CPLR 3122 and questioning format on how to write this to new attorney. New Attorney has filed downward mod petition and asking for financial papers. Last downward mod was ruled on 8-9-12. Believe it is stall tactic and taking advantage of my pro se status. any info greatly appreciated. ty
A: David's Answer: The format could be as simple as a letter in which you specify your objections. That said, I think the new attorney would be able to ask for some disclosure pre-dating the last modification ruling, unless the Magistrate made a "findings of fact" setting forth what your income & expenses were on the last case. 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: The format could be as simple as a letter in which you specify your objections. That said, I think the new attorney would be able to ask for some disclosure pre-dating the last modification ruling, unless the Magistrate made a "findings of fact" setting forth what your income & expenses were on the last case. Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
How do I get jurisdiction reversed from Florida to new York, because I have always been the custodial parent here in new york.??
Q: My son went to see his father on a visit to florida and he refused to bring him back to me, I was 6 months pregnant and I had to go get him. He decided to file in Florida 6 months after I had him back as the custodial parent in new york. He lied to the Florida court so that the law of uniform child custody and jurisdiction act can line up with his time frame. I have all types of evidence but new York court gave Florida jurisdiction and sent them record of me being the custodial parent with child support here. This is an on going thing and nothing is permanent but the fine print is that I am the mother who our child has always lived with. I believe it will all work out for the better. I just have to get my story heard everywhere. I will not stop or rest until my lil funny guy is back home
A: David's Answer: If you say New York already ceded jurisdiction to Florida, then your only remedy would be to appeal that order. You would have up to 30 days (or 35 if mailed) from the date of notice of entry of the order to file your notice of appeal. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you say New York already ceded jurisdiction to Florida, then your only remedy would be to appeal that order. You would have up to 30 days (or 35 if mailed) from the date of notice of entry of the order to file your notice of appeal. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, March 5, 2014
Paternity and child support motion filed against me from a brief affair 4 years ago.
Q: I live in NY State. Had a brief extramarital affair with a single young woman 4 years ago. She said she got pregnant and its my child. Never heard from her again. She then married, settled down with another man who is the only father the boy ever knew, and he calls him Dad since birth. Some months ago she contacted me to sign and give up my parental rights so her husband can adopt the boy. I did so thinking it was the end of it. But a few weeks ago, got papers asking for paternity and child support from Family Court. She said marriage is in trouble and this guy changed his mind. I make more $$ than both of them combined. I plan to challenge this using equitable estoppel defense against paternity. There seems to be plenty of case law support mostly issued by NY Appellate Court. Any advice?
A: David's Answer: Yes, the doctrine is arguably applicable. The issue may be that some Judges feel the doctrine of equitable estoppel cannot be used as a shield to disclaim paternity. That said, you need to employ an attorney as you'd need to file a motion on the issue so as to prevent the ordering of a DNA test on the 1st court date. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Yes, the doctrine is arguably applicable. The issue may be that some Judges feel the doctrine of equitable estoppel cannot be used as a shield to disclaim paternity. That said, you need to employ an attorney as you'd need to file a motion on the issue so as to prevent the ordering of a DNA test on the 1st court date. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I'm going back to court in a couple months. What kind of things should I ask to be written in the new order?
Q: Order of modification- I'm seeking more time with my child. I disagree with my child's father a lot. He constantly blows off parenting time. We were told to make a verbal agreement about tax returns. We agreed he would claim, I get half. He has claimed him for the last three years and I have not received a penny. I have primary physical. At the court ordered time my bf will pick up my child sometimes because I do not want to deal with the conflict. My bf and my child's father are friends, thank goodness, but sometimes just to be a jerk he wont allow my bf to pick up, he wants me to.
Should I ask for: The next three years to claim taxes, then alternate?
That me, my parents, and partner can pick up my child?
That any more time agreed should be honored?
We can only transfer fund via check?
Should I ask for: The next three years to claim taxes, then alternate?
That me, my parents, and partner can pick up my child?
That any more time agreed should be honored?
We can only transfer fund via check?
A: David's Answer: You may ask for all of the items you've outlined. How likely it will be that you'll be granted same depends in part on a review of the agreement as well as a full assessment of the history between the two of you - as well as his potential defense to same. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Is there financial assistance for women in domestic violence to be able to move out of state?
Q: Why I ask I live in domestic violence and there is nothing available here in NY(I an talking immediate help, Onondaga has nothing available either), I have been looking to move out of state but because I am in domestic violence and financially controlled and isolated I can not get anyone to help or to listen. Is there any resources for women who live in domestic violence to move to another state and get help on a down payment? Also note I am disabled and can not work and on SSI(live on very little being married which also don't help)
A: David's Answer: You may be able to apply to the court for maintenance (i.e., alimony) payments if you are married to your abuser. I also suggest that you consult the following resources: http://www.courts.state.ny.us/topics/domesticVi.... You may also schedule a consult with a family law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You may be able to apply to the court for maintenance (i.e., alimony) payments if you are married to your abuser. I also suggest that you consult the following resources: http://www.courts.state.ny.us/topics/domesticVi.... You may also schedule a consult with a family law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, February 26, 2014
How do I acquire my birth certificate if I have a different name than that on the certificate?
Q: my social and drivers license both have the only name I have gone by all my life. recently I am trying to get a license to drive in NYS and they need a birth cert. I just found out that I was born from a woman under a different name. my mom passed away in '06 and my father is not around my life. I supposedly was born at Elmhurst general hospital in aug. of 1980. if you can help me I will pay anything. I just want my drivers license back.
A: David's Answer: If you got your name officially changed, then bring them the change-of-name order from the court. If you did not get your name officially changed, then you'll need to: http://www.nycourts.gov/courthelp/namechangeinf.... -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you got your name officially changed, then bring them the change-of-name order from the court. If you did not get your name officially changed, then you'll need to: http://www.nycourts.gov/courthelp/namechangeinf.... -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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