Q: My son has been in foster care for almost three years and the department is constantly filing petitions on me no matter if they have to lie in them or tell the truth, they don't care. I am due to give birth in less than 30 days and I need to know if my new baby is going to be taken from me. There hasn't been a final decision made yet on my son who is in foster care, but the department has filed to terminate my rights and there is a suspended settlement in action.
A: David's Answer: On your facts, I see it as highly likely your newborn will be taken at the Hospital. That said, there are exceptions to that general rule, such as why your current child was taken in the first place as well as the progress you're showing in your programs. You should thus schedule a consultation with a Dutchess/Westchester Family Law attorney, particularly one with a good deal of experience with CPS cases. -- 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.
Tuesday, May 21, 2013
Saturday, May 18, 2013
Can a prenup ever be beneficial in getting a marriage visa approved?
Q: Meaning, can it be used as proof that
the beneficiary is not looking to abandon the US spouse in the future, and would
not be getting monetary gain from the relationship? My brother was told that the
main hurdle in his case would be convincing the immigration officer that the
marriage is being entered for love reasons only. If the he, as a beneficiary, is
willing to sign a legal agreement stating that if he were to leave his US
citizen spouse, she would get everything he has + alimony etc., could it be used
as proof that he is marrying solely for love and no other
gain?
A: David's Answer: It is questionable whether such an agreement would benefit your immigration case. I would advise to shop around and get different opinions from immigration lawyers. If you are convinced it could have even a marginal impact & wish to proceed, then I encourage you to contact a Divorce/Matrimonial lawyer to schedule a consultation. -- David Bliven, White Plains Family Law Attorney (www.blivenlaw.net)
A: David's Answer: It is questionable whether such an agreement would benefit your immigration case. I would advise to shop around and get different opinions from immigration lawyers. If you are convinced it could have even a marginal impact & wish to proceed, then I encourage you to contact a Divorce/Matrimonial lawyer to schedule a consultation. -- David Bliven, White Plains Family Law Attorney (www.blivenlaw.net)
Can I file a report with the police for verbal, emotional, physical and now financial abuse from my spouse for records?
Q: Married for 4 years. Have a toddler.
I am a housewife. Domestic abuse has escalated in the past recent
months.
A: David's Answer: Especially if the abuse has gorwn physical, you may report it to the police and/or file for an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
A: David's Answer: Especially if the abuse has gorwn physical, you may report it to the police and/or file for an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
Can I report this incident to the police or is this too late?
Q: While driving in a vehicle on a
highway, husband and I were having a disagreement. Daughter was in child car
seat in back. Husband was in back seat behind me. He opened the door while
vehicle was in motion at highway speed on a highway. He did this twice a year
ago on two separate occasions. If I reported this incident, would they file a
report. Would an arrest be made? What would happen?
A: David's Answer: It is hard to say whether the police would arrest him, but your instinct to report it is sound. If he's irrational enough to do that, what else is he capable of doing? You should consider filing for divorce and/or an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
A: David's Answer: It is hard to say whether the police would arrest him, but your instinct to report it is sound. If he's irrational enough to do that, what else is he capable of doing? You should consider filing for divorce and/or an order of protection. -- David Bliven, Westchester Divorce/Family law attorney (www.blivenlaw.net)
Is it illegal in New York for someone without authorization to covertly affix a GPS electronic monitoring device on a vehicle?
Q:
I'm in the early stages of a divorce action. Found a google search
document on my spouses dresser of the device. Clearly for travel
monitoring.
A: David's Answer: Yes, it could arguably be a form of stalking. More details would be needed, such as whether title to the vehicle is also in your spouse's name, whether s/he was still residing with you at the time of monitoring, what his/her purported reason for using the GPS was, etc. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
A: David's Answer: Yes, it could arguably be a form of stalking. More details would be needed, such as whether title to the vehicle is also in your spouse's name, whether s/he was still residing with you at the time of monitoring, what his/her purported reason for using the GPS was, etc. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
Can I file a violation of an order of protection based on the facts shown below?
Q: After suffering years of excessive
corporal punishment from his father, my son recorded his father striking his
brother repeatedly. I was able to get an Order of Protection that prohibits
corporal punishment but the new judge was unwilling to limit visitation since
there is a long history on our case. The next weekend my sons went to their
fathers house and he got into an altercation with my son. One of the things that
caused the fight was that he told my son he would accuse him of sexually abusing
his brother in retaliation for him recording him striking his brother. During
this fight he shoved my son up the stairs and proceeded to pound on the bed
screaming at him. Can I file a violation? I am extremely worried about his
threat to my son.
A: David's Answer: If the order prohibits corporal punishment, and he shoved the child, then this at least arguably is a violation. Your next step would be to file a violation petition. I also suggest to contact the children's attorney. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
A: David's Answer: If the order prohibits corporal punishment, and he shoved the child, then this at least arguably is a violation. Your next step would be to file a violation petition. I also suggest to contact the children's attorney. -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)
Do I have to give my baby his fathers last name?
Q: My boyfriend and I are moving in
together after 5 years. We are having a son in March. He is convinced that the
only option for my son is to have his last name. He says that if I give the baby
my last name it would alert social services that he is either not involved or
that we have problems. My reasoning is that we are not married and likely won't
so why should I call my son by a different last name to mine? Can you please
advise?
A: David's Answer: You may give the child your last name if you desire. Merely listing your last name as opposed to the father's will not trigger any report to DSS. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You may give the child your last name if you desire. Merely listing your last name as opposed to the father's will not trigger any report to DSS. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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