Q: Baby was born and now a cps case is opened because mom tested positive just wondering if they'll test both mom and dad?A: If the "case" is merely an investigation, the answer is that they can request such a test. It's then up to the father whether he agrees to the...
Month: April 2020
How can I modify a visitation and support order from another state?
On behalf of Law Offices of David Bliven | Apr 28, 2020 | Westchester Family Law Attorney
Q: Myself and my children 7&11 moved to NY 5yrs ago. The original order is out of Florida where we lived with their father when they were 1&5. In 5 years I have had to change visitation maybe twice do to illness and child activities, but all time was made up...
My situation is a bit complicated and I’m trying to decide between legal separation or straight divorce?
On behalf of Law Offices of David Bliven | Apr 28, 2020 | Bronx Divorce Attorney
Q: I was married in March 2018 and moved in with my husband May 2018. He is a disabled combat Veteran with PTSD, TBI, and bipolar disorder. He is 100% disabled according to the VA and I am his caretaker. His physical aggression towards me and emotional abuse has been...
What happens when a judge doesn’t confirm on a child support case, & it’s taken off the calendar? What does that mean?
by Law Offices of David Bliven | Apr 28, 2020 | Bronx Family Law Attorney
Q: Being taken to court for a son I'm not sure is mine. A: It depends on what the Judge was supposed to "confirm." Taking a case off-calendar could also mean a few different things, such as that the Judge needs to decide a motion pending before the Court....
How can I go about reducing my child support amount?
On behalf of Law Offices of David Bliven | Apr 28, 2020 | Westchester Family Law Attorney
Q: Me and my x wife agreed to the child support amount and in our agreement, but now I have unexpected expenses like I had to get a new car cause my 2006 car finally gave out, so I have car payments. We split all extracurricular activities and schooling 50/50, I feel...
Can I enroll child in school without non-custodial parent even if he never decides? I don’t want child to miss an opportunity.
by Law Offices of David Bliven | Apr 28, 2020 | Bronx Family Law Attorney
Q: The custody agreement states that the father (non-custodial) and I (custodial) share legal custody. Regarding education, we're to discuss education. Should we not agree, "Mother will have final say". I have physical custody except during Father's parenting time;...
Can my mother in law kick me out if I’m divorcing her son?
by Law Offices of David Bliven | Apr 24, 2020 | Bronx Divorce Attorney
Q: I have been living with my husband for about 4 years in my mother in law's house. The house is under my mother in law's name only. My husband has been the only one paying rent since I am a stay at home mom. He has no lease with his mother. We are planning on...
Can my ex cancel visitation because of Covid 19?
On behalf of Law Offices of David Bliven | Apr 24, 2020 | Westchester Family Law Attorney
Q: I haven't seen my child almost 2 months because of his father. He is using Corona virus as an excuse to cut me off. Are parents allowed to cancel because of Covid 19? Its not fair. The courts aren't open. A: Currently the courts are only prioritizing...
How can I evict my husband from my apartment he won’t pay bills and he is unstable around our children ?
On behalf of Law Offices of David Bliven | Apr 24, 2020 | Bronx Divorce Attorney
Q: My husband is bipolar and spends his disability check instead of paying bills I want him to leave our apartment but he refuses how can I get him out fast ? A: You'd need to file for divorce & then file an application for "exclusive occupancy of the marital...
Can my ex. husband prohibit me from taking our son to Russia?
On behalf of Law Offices of David Bliven | Apr 21, 2020 | Westchester Divorce Attorney
Q: After I divorce my husband can he prohibit me to take our son to Russia for vacation? A: It depends on whether you have joint or sole custody - as well as what your divorce settlement says about international travel. Bring your agreement & Judgment into an...
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