How could I change my daughters last name with out her fathers consent?

Q: I know he isn't going to approve it.

A: David Bliven’s answer: If the father is not consenting, then you may need to do it via an adoption case. However, if the father is relatively involved with the child (i.e., has not abandoned the child), then you would probably not be able to pursue that route.

I need an 18-b lawyer for a visitation case

Q: I don't have the means to pay for a lawyer. How can I get an 18-b lawyer to help me: My son was murdered last year at this time and I am trying to get to visit his last child.

A: David Bliven’s answer: In this instance, you ask the Judge for the assignment of counsel on the initial court date. If you do not qualify for whatever reason, feel free to contact my office for a free initial consultation.

How does one ensure that the attorney for the children does their due diligence in representing the children?

Q: I feel that the attorney for my children is not representing them with due diligence. I do not believe this person can represent best interest without investigating the children’s complete circumstance and knowing what is true or untrue in the case that will decide their futures. To my knowledge this attorney has made no effort to verify any allegations including illegal activity, forgery, & perjury, manipulation, fear mongering & parental alienation. I feel that this attorney is biased to the children remaining in their current location overlooking the fact that my spouse does not reside there as claimed. This means that the children are being raised by a third party instead of their parents. This attorney seems perfectly comfortable relying on affidavits and evaluations, making court appearances & collecting fees rather then exhorting any effort to truly determine what is in the children’s best interest and how best to represent them. I have read Adopting Law Guardian Standards and The Chief Judge Clarifies the Role of Attorneys for Children NYSBA Family Law Review… but they all seem vague. Any advice would be greatly appreciated!

A: David Bliven’s answer: Part of your confusion stems from a misunderstanding of the role of the Attorney for the Children. The Attorney is NOT an investigator, and thus has no duty to "investigate the facts." The Attorney is there to represent his/her clients, and thus as best as s/he is able to s/he should ascertain their position on the particular issues before the Court. Your attorney - in collaboration with you - should be gathering evidence and attempting to persuade both the Judge & the Attorney for the Child to come around to your perspective. In any event, if you would like a free, initial consultation, please feel free to contact me at my White Plains office - 914-468-0968.

Answered 4 minutes ago.

Can i file for sole custody?

Q: My daughter is 7yrs old i i came from new york to spain we live here nowshe goesto school here her daddy has custody but he asked me to keep hercause he was going to seat and do federal time now hes release and on probation till 2014, and my daugther its doing great here in school even got a scholarship, i wanna go back to ny and file for sole custody. what are my chances?

 

A: David Bliven’s answer: One would think that if the child's been living with you for more than a couple of years (though this is unclear from your posting) then you'd stand a good shot of getting custody. I would nonetheless advise that you contact a Family Law attorney for a consultation.

in a Child Cistody case, how do I obtain a copy of my forensic evaluation reports?

Q: The judge ordered that a report be submitted to the court. The court sent copies to the attorneys. My attorney has quickly read it to me but says that they are not allowed to give me a copy. Nowhere in the order does it state that I am not allowed a copy and I have found no law that disallowes me from having the report. The order did state that neither attorney shall have contact with the evualator except for payment issues. it did not state that I may not request a copy although I believe he would not give it. I did go to the court to see if it was in my records and was told that it is in the judges records and they would not give me a copy. What should I do to obtain these reports? Thanks very much for any advice!

A: David Bliven’s answer: To my knowledge, It is the current policy of the Westchester courts not to allow the parties to have a copy of the report. That said, unless there is a specific order to the contrary, your attorney should allow you to read the report in his/her office.

How to defend yourself in court against a Order of Protection

Q: My wife has call the police three times to our house claiming harressment and abuse. She said that she has documented evidence, however these are made up charges which have been blown out of proportion. She is trying to get custody of our young child and the house and have been telling people this for a long time, ( Her name is not included on the mortgage). After the last claim she went and fild for an Order of Protection. I am due in court tomorrow. How should I best represent myself?

 

A: David Bliven’s answer: I think the best thing you can possibly do is to schedule a consultation with an attorney. Thus, you should request an adjournment of the Judge in order to consult with and/or hire an attorney.

Selling Joint Property prior to Divorce

Q: Could I sell our stamp, collectible , paint collections ( without his knowledge as I have no money and he never gives me any?: He has indicated he wants a divorce and is 71 and retired in south but we live in westchster ny and he seldom comes up. I raised our kids and he has never supported us besides having the house. Married 36 years.

 

A: David Bliven's answer: The problem is if you get rid of joint property without his consent, he can always claim either he wanted to keep it (and thus you owe him money), or that you under-sold it. I would not advise you do anything without at least consulting a Family Law attorney first.