In NYS if a judge is showing clear bias toward the mother, overlooking undenialble proof of neglect & abuse, wat can be done?

Q:  The mother had ensured over 11years of horiffic abuse, as did the children, the father lives in a 1BDRM, and remarried a female with a 4 yr old that knowingly beats up the children, and fathered a newborn just months ago. The kids are noticeably safe & happy with their mother, yet the father has family members in CPS, the sheriffs dept, in addition to the courts. The mother has undeniably evident proof of abuse & neglect of her 3 small children, yet the judge willingly overlooks every petition & motion, all based upon LIES spoken under oath by the father, that can all be proven untrue, however the judge bases every decision in favor of the father. The law guardian does nothing. The babies are 2 & oldest is 5 & is severely manipulated.

*PLEASE HELP SAVE THIS LOVING MOTHER & HER CHILDREN*


A:  David's Answer:  When you say the Judge is showing "bias toward the mother," I assume you mean the Judge is against the mother. That said, you should do what you can to get legally-admissible proof of the abuse or neglect, and then push the case towards a trial. Ultimately you can seek to appeal any interim orders which go against you. That said, I highly advise that you schedule a consultation with a Dutchess/Westchester Child Custody attorney.  -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)

How do I temporarily give up my parental rights in new York.

Q:  I am being accused of not medicating my child, and it is a false accusation, however this has taken an emotional toll on my mental and physical health, to the point that I recently thought that I was having a heart attack at the age of 29.This is why I would need the process to be temporary in order to take care of myself and them better in the future.


A:  Daivd's Answer:  You may talk to the CPS agency involved about doing a temporary placement. That said, if there's already a child neglect case pending against you, it may be harder to get the child out of foster care than you think. Before making any decision, it behooves you to schedule a consultation with an Orange/Westchester Family Law attorney, particularly one experinces with CPS matters.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can I request an order of protection for my mother?

Q:  My 80 year old mother was assaulted by my 27 year old niece who was drunk and on drugs. The police were called. My mother was hospitalized for 3 days. She is refusing to press charges because my niece has young children and doesn't want them to be taken by social services. Can I contact the courts and request that she be given an order of protection from my niece? Would the courts automatically issue this?


A:  David's Answer:  If you do not have guardianship or full power of attorney over her, then the Court will most likely not allow you to "petition on her behalf." You'd then be left in a situation of convincing her to file. Your other option is to call Adult Protective Services & file an abuse report and/or call the police. It may behoove you to schedule a consultation with a Dutchess/Westchester Family Law attorney & perhaps bring her in with you so she can hear from a lawyer what her options are. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I live in NY,and my daughter and her mother lives in CT. My daughter is 19, not in school or living at home, when does CS end.

Q:  In 2011 my daughter and her mother had a physical fight and my daughter left and starting staying with my sister. I got in touch with her and told her that either she goes home or come live with me or the police will be involved and she replied that she would rather go with the police. I than called the police and met them at my sisters apt. but before the police came my sister took her to stay with someone else. At the time my daughter was 17 and she hasn't lived at home since. I went to family court here in Westchester county and was told that they could not do anything and that I had to go to CT family court. I than went to CT family court and was told that they can not make her go home or come live with me because she was 17 ,and that CS ends at the age of 18 in CT.


A:  David's Answer:  Which state issued the support order, CT or NY? If NY, then support continues until age 21. The best thing you can do if she's not living with the mother is file a change-of-payee petition if the order was issued in NY. You can always take her in yourself, in which case you'd have a basis for a termination petition. Nevertheless, you're encouraged to schedule a consultation with a Westchester Child Support attorney for a full assessment.  -- David Bliven,  Westchester Family Law attorney (www.blivenlaw.net)

Parental obligations?

Q:  do i have to pay child support if we agreed to have and abortion or put the baby up for adoption and she reneged?


A:  Assuming the baby was born & you're the father, the answer is yes. Such "out-of-court" agreements are not binding. If she's suing you for support now, or threatening to, you're best advised to schedule a consultation with a White Plains Child Support attorney.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can a Matrimonial judge overrule Federal Law?

Q:  In the Decision After Trial, the judge granted my ex the right to deduct our youngest child on his taxes. I never signed the IRS form, and was not required to in the Decision. Now its years later, and I provide the majority of support, have sole custody and there is no visitation. He is suing me for deducting the youngest. The IRS office says I am in compliance. Does the Decision supersede Federal Law? Please respond - I am back in court tomorrow.


A:  David's Answer:  It's not so much that the Judge is "overruling" IRS regulations. It's that the IRS regulations - which say the custodial parent is generally entitled to the deduction for the children - merely sets up a general rule. State Judges are then allowed to make decisions/orders which make an exception to that general rule. If there was an order in place and you violated, then you should do 1 of 2 things or both: (1) file an amended return, and/or (2) file a modification petition requesting a re-consideration of the deductions (and/or an upward modification if more than 3 years has passed since the Judge's prior decision). For a full assessment, I suggest setting up a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

How do I get a lawyer to represent me in family court with no retainer and fight for my ex spouse to pay for his/her fee?

Q:  He us also deducting $300 monthly from the child support to pay for my kids health insurance. This is not court ordered support. I fueled petition with OC court and the day of court he filed in Yonkers court for visitation... even though he never shows up anyway


A:  David's Answer:  If you qualify, the court may assign you a free lawyer. If you're looking to hire a private attorney, most will require some kind of retainer to start off with, depending on your ability to pay, the complexity of the case as well as the perceived likelihood the court will order the father to pay counsel fees. Thus, you should shop around & schedule consultations with Westchester Family Law attorneys.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)