Call 914-368-7580 now to schedule a 20-minute Case Assessment or full 50-minute Case Strategy Consultation!
Call Today 914-368-7580

January 2019 Archives

Can my wife file a protective order in New York when if shes only been there a few weeks and her and my son lived here in Ok.

Q: I need a lawyer to argue that a protective order put against me is wrong because New York does not have jurisdiction over me or my case I live in Oklahoma city and it is keeping me from keeping my son in the u.s. the case is in the bronx and I can't make it there to do it myself it even says I can not seek custody even though he is a resident or Oklahoma.

If I signed a birth certificate when the baby was born, however DNA proofed I'm not the father what can I do?

Q: The baby was born oct 27 and I believed she was mine, my family paid for a dna because they needed proof that the baby was mine. The DNA proofed I wasn't the father, how can I remove my name from the birth certificate because the mothers will try to take me to child support

How do I get an order of protection changed from a stay away to a refrain from (or dropped)? I put the order in place?

Q: My husband has issues with rage. I had an order of protection put in place as a stay away because I didn't know how we would react (nor did I fully understand that this could go on for months/years). I want to talk to him and try and move forward in life. I have 2 kids who are also on the order. I do not believe my kids are in danger any more. I no longer feel in danger. How do I get this changed/dropped if he can prove he is taking the right actions? I don't want to risk my kids being taken away.

Order of protection: stay away - is it ok to get info about my spouse from a mutual friend? the order is against him from me

Q: A stay away was put in place. We can only text and talk about the kids via phone. Is it OK for a friend to share info with me about the actions my husband is taking to seek help and get better?
A: The answer is yes - if the order of protection is in your favor, there's no reason why you can't communicate with your husband. The order would only bar him from communicating with you. Schedule a consult with a Westchester Domestic Violence attorney for a full assessment.

Will I be able to overturn a rabbinical divorce done in Israel when I return safely with my children to NY?

Q: My husband and I had a civil wedding in NY in 2002. We then married religiously in Israel in 2005. We lived together in America, and had 2 children. In 2011 he decided to move back to Israel. I remained in NYS with my two children for 6 years. In 2017 we decided I would move to Israel with our children. Our marriage began to fall apart, and I became unbearably homesick. My children and I want to return to America. My husband said we could as long as I give him a rabbinical divorce. The agreement is completely unfair towards me, but unless I sign it he will not let me leave the country with our children. He is divorcing me in Israel according to the 2005 marriage date. If I sign the agreement, can I civilly divorce him in NYS for our 2002 marriage? Will the civil divorce override the Israeli rabbinical divorce? I am desperate to get myself and my children home.

He got a new job and works Saturday, can he change the legal agree to pick up sat instead of Friday, so he doesn't pay a sitter?

Q: My ex and myself have a legal custody agreement now he gets our son, Friday 430- Sunday 430. Usually im nice and let him stay until Monday. He just got a new job and wants to pick him up on Saturday night. He doesn't want to pay a sitter and wants me to watch our son. But I can't I work now and during the week when I have my son its my responsibility to find a sitter. He can't legally change the schedule right?

Can my visitation or legal custody be negatively impacted by 1 missed visit for business purposes?

Q: I have a custody settlement agreement which was entered as court order (White Plains Family) almost a year ago. The mother has physical custody; we share legal custody. In nearly 2 years since I have never missed (or even been late) for a scheduled visitation. I have an unexpected required business trip that means I would miss a regularly scheduled overnight. I gave the mother five days notice in advance. Typically, I pick up and drop off from preschool. On other days our child is bussed for pick up and drop off from mothers home to/from preschool. He is in a special ed program and Westchester county provides CPSE services including bussing. The mother has informed me that neither she nor the nanny will be home when our child is dropped off from school on the regularly scheduled day and that if I don't pick him up, she will pursue revocation of my visitation and shared legal custody as well as report me to CPS as having abandoned our child. If no one is at the mother's home when the bus drops off from school in the afternoon, is the mother responsible as the physical custodian or am I responsible because this was a regularly scheduled visitation?

What is a Contempt motion?

Q: There was a Contempt motion filed against me from the fathers lawyer (I'm the mother) based on allegations from CPS saying I was acting in a threatening manner during a supervised visit that my daughter had with her father October 30, 2018 .. the visits are from 3pm to 5pm and I only do a 5 minute transitioning to help my daughter feel comfortable during visits because she used to scream and cry during every visit for the past 7 months but after 5mins is up I go and sit in the waiting area until the visit is over. I just would like to know, what is a contempt motion?

Can I claim child support if my husband has a job but isn't getting paid using his social security?

Q: My husband is the breadwinner and makes a lot of money. He has 3 duis and is claiming because he is the bread winner he can take the kids from me. My question is, can I get my kids if I can't provide shelter as of yet and can I get child support from him although he doesn't file a tax return and is not working using his social security.

Can parents on the same page file for visitation for the non custodial parent?

Q: I am 23 years old and I have a 14 month old child. My child's father lives in Buffalo, NY. Due to their own personal disliking of the father, my family keeps the baby from him. I know it's my ultimate decision on what to do with my child but because I'm "a kid and a new time mom who don't know what she's doing" my family make it their business to control everything as if it was their kid and by any means necessary prevents the baby from going outside. Me and my child's father are on the same page with visitation but just my family is the problem. He's pays child support. I wanted to know how can I successfully have her visit overnights with her father in buffalo? Since he lives out of town and they need the father to file for visitation in my town, I petitioned for joint custody case so he have rights too and in that court we can include visitation. (He's doing the court date electronically/through the phone since he's out of town). Will the joint custody case be a waste? Should he just file for visitation? Can he if leaves over 350 miles away? Is there an electronic way to do that too or he goes to his family court and they do it on his behalf? Trying to figure out all options.
A: Yes, as part of your joint custody filing, you can enter into a stipulation providing for his parental access. There's no need for him to file a separate visitation petition if the both of you are in agreement - the stip can be entered on your petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

My son is a US citizen and we are living in Trinidad, can I file for child support for his father in NY to pay and how?

Q: My husband sent me divorce papers and it's saying I can't file for child support until my son and myself is in NY.. I'm not going NY anytime soon and he don't do anything for my son so is there a way I can file child support in Trinidad and he can pay it from NY?

Can I stop paying my spouse's rent since we are going through a divorce but it's not final yet?

Q: I have been paying the rent since we got married, and we have three kids, but I can no longer afford all of the rent because she has filled for child support. Is it illegal for me to stop paying the rent and should she should be forced to chip in even if she doesn't work, we are still married and the divorce isn't final yet.

Can I do anything about my ex's employer not submitting child support payments?

Q: I have a court order stating I am suppose to receive $300 weekly. He gets paid bi weekly and I they started sending me payments biweekly. Which I am ok with. But now payments are not coming in as frequent. I never know when I'm getting my child support money. The last 2 checks I received because I called child support and filed a complaint but it's going on 3 weeks and I still have no child support payments. I have asked my sons father if he can talk to his HR dept but he says they take the money out of his check and me not getting the money is not his problem. What can I do?

Who do I contact?

Q: I took my ex husband to child support court last January. He never showed up and he was working off the books. The judge specified a very small amount he's obligated to pay weekly since they didn't have any documentation to show what his income is. I recently found out he started working on the books last April. He owes back child support. Do I need to contact the child support unit to notify them that's he now legally employed? It's been 7 months already.

How complicated would it be for my husband to adopt my 9 year old son?

Q: Been married almost 2 years. Together almost 6. Sons father has had very little to do with him. I filed for custody a year ago and was told to have bio father served. History of domestic violence. No address for him. Last I heard was a message almost a year ago from him saying he would sign over rights... how complicated and expensive will it be for my husband to adopt our son?

Trying to start my simple divorce process but spouse is nowhere to be found and family ignores my messages?

Q: We don't have any asset's together, no children, I reach out to the family on social media and see they read my messages and they refuse to give me any information. What fees and time frame am I looking at to finalize this divorce?

What rights do a wife have if the husband was ask to leave her house then she still wants payments for a reception after 7 year?

Q: I was ask to leave due to her son moving back in the household, was told her kids comes before me even if i am paying have the bills because it's her apartment. Her family and friends is always at the house.

Earned my Certification as "Certified Financial Litigator"

After a rigorous examination, in November, 2018 I earned my certification as a Certified Financial Litigator from the American Academy of Certified Financial Litigators!  This certification ensures I received instruction & testing in areas such as understanding tax returns, understanding financial statements & business tax returns, determining income for support purposes, accounting for lawyers, investment types, business valuation and tax considerations.  It is particularly helpful in cases involving high net worth and high incomes, or complex investment or asset division.CFL-Email-Signature-Pic.jpg 

Seeking to retain counsel for child support case in Westchester County Family Court.

Q: Ordered to pay $1,200.00/mn (bi-weekly payments of $600.00 to DSS) for child support in May of 2018. Custodial parent no longer receives public assistance and is requesting $800/wk, a $10,000.00 deposit for child's college fund, and payments upto the age of 26 years old. I am willing to pay additional for childcare expenses, but only if custodial parent agrees to seek employment as she is refusing to work. I also provide medical benefits to child through my employer. Trying to be fair, not abused. Thank you! 

Is it illegal for me to pick up my son from school without the approval of his mother?

Q: There is no court order in terms of custody or visitation. There is a child support order. My son is 8 years old and we have a strong relationship. We live in NY. My son wants me to pick him up from school, she doesn't want me to. Can the school prevent me from picking him up if she is not present? Can I be arrested for going against her orders?

Is there a statue of limitation on signing divorce papers?

Q: I was granted a divorce by the Supreme Court on March 15,2018. Up until today my ex and her attorney have not presented me and my attorney with the paperwork to sign to finalize the divorce. Is there something I can do to speed up the process? I was told what I have to pay her in alimony and other things and I just want to give her what she is entitled to and move on to move on with my life. Thank you for your help!

How can I have my child support stopped if my daughter moved out to live with her boyfriend & his mother?

Q: After years of seeing her mother use control over her & I that also affected my visitations. I haven't seen my daughter in 6 yrs & my daughter and mother were fighting and she moved out 2 months ago. She still attends H.S. with a 3.7 GPA and turns 18 in Jan & graduates june 2019. She want the child support paid directly to her and I'm more than willing if I can get it terminated and pay until age 21. So far my ex-wife haven't even told me that our daughter moved out and I see why because she wants to keep collecting the child support $607 bi-weekly.

How can i make sure my ex boyfriend doesnt come near my unborn baby?

Q: I'm only three months and he has done the most. you'd think finding out that i was pregnant would change somethings but it didnt. He exposed me threatened to kill me and my little sister if i even gave an abortion, i have a court case open with him, several police reports on him (DV), and he's been admitted to a hospital for trying to overdose on tylenol. i dont want him around my child if he can threaten my litlle sister and do all of these other things how can he not try something with my child? i do not trust him and he's good at being persuasive and getting people to believe hes right and im wrong kind of thing. ni want my baby to be safe please help me before my baby gets here.

How do I go about having the sheriff serve the other party at their work place?

Q: I have filled for full custody and don't really have any one to help me with serving the children's father. Plus he bouces around after work so his job would be the best place to get him served but not sure about how to get the sheriff to go to Hawthorne NY.

Can I serve the other parent by certified mail? For full custody

Q: Father wants joint custody I (mother) wants full custody .. children reside with me. We can not agree. We live in Westchester county .. father family member served me for joint custody. I filed for full custody .. but I have no one to serve him..

Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
445 Hamilton Avenue
Suite 607
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3190 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions