Q: I want to move in with a family that I know but I wasn't sure if there were any way to do it without a big legal fuss from my parents. I just don't want to be in this house anymore because of tension and it's very stressful to me.
A: David's Answer: Under New York law, you are still a minor until age 18. If you move out without your parent's consent beforehand, you risk having them file a PINS petition. -- 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, September 17, 2013
What do i right in a report to amended a cps report from being indicated to unfounded
Q: Cps was called on me by the school stating I get drink and get out of control because i do not take my medicine.,lithium. I do take medicine,the report was false. Also I have been accused of giving my daughter a black eye when i was trying to take her electronic devices away. I never hit my daughter. I have a police report stating I was the victim.
A: David's Answer: You should get a letter from your therapist confirming you're taking your medicine. Furthermore, the letter you were provided by CPS stating the report was indicated also provides the address you need to write to (within 90 days of the date of the letter) to request an administrative review. You should also schedule a consultation with a Family Law attorney in your area, particularly one with experience in CPS matters. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You should get a letter from your therapist confirming you're taking your medicine. Furthermore, the letter you were provided by CPS stating the report was indicated also provides the address you need to write to (within 90 days of the date of the letter) to request an administrative review. You should also schedule a consultation with a Family Law attorney in your area, particularly one with experience in CPS matters. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Looking for a pro bono lawyer for my family court case. Can someone please help?
Q: I have court on October 4, 2013. It was for modification. But now it is for modification and violation. The mother of my child keeps lying in court and the judge does not listen to my side of the story. Can someone please help me as I can't not afford lawyer and don't want to wait for the last minute for the courts to appoint one for me because I have been screw that way also.
A: David's Answer: There are extremely few lawyers who accept pro bono cases - most of them work for law school clinics or similar non-profit organizations. You can either ask the court to assign you a free lawyer, or shop around & see if you can retain an attorney on a sliding scale. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: There are extremely few lawyers who accept pro bono cases - most of them work for law school clinics or similar non-profit organizations. You can either ask the court to assign you a free lawyer, or shop around & see if you can retain an attorney on a sliding scale. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, September 14, 2013
I was served with papers.to appear in family court in 5 days, I cannot attend on short notice, what can I do?
Q: I have been out of work and have no income I receive Medicaid, SNAP AND HEAP and am in deep on child support I have a great relationship with my sons who are 22 and 20 How do I get the appearance rescheduled?
My wife works and I care for our kids 2 year old twins and a 3 year old she cannot get day off
A: David's Answer: The question becomes: if you're out of work, why can't you attend court? Generally the "press of other business" is not a legal reason for not showing up to court. You can try writing the court a letter & while sometimes that works, if it doesn't then the court may proceed in your absence. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Additional information
A: David's Answer: The question becomes: if you're out of work, why can't you attend court? Generally the "press of other business" is not a legal reason for not showing up to court. You can try writing the court a letter & while sometimes that works, if it doesn't then the court may proceed in your absence. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, September 11, 2013
Is there any legal recourse I can take against an ex that is harassing me and my family by phone and text?
Q: My ex keeps coming up with new things she believes I owe her and I receive threatening texts almost every day. She even goes as far as calling my parents. When does this become against the law?
A: David's Answer: File for an order of protection in the Family Court. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: File for an order of protection in the Family Court. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Want custody of my grandchild
Q: Child protective services took my granddaughter from hospital when we petitioned child protective services they showed to my home with themselves n six police officto telle they don't no where my granddaughter is n then sent two detectives two hours later to confirm they don't no where as she is n insinuate my daughter has her they lost my grandchild and court is the end of this month
A: David's Answer: You should file a petition for custody. You will need to serve CPS as well as the mother & father with the summons & petition. For a full assessment, schedule a consultation with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You should file a petition for custody. You will need to serve CPS as well as the mother & father with the summons & petition. For a full assessment, schedule a consultation with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I requested a court appointed attorney for my upcoming visitation and custody modification hearing.
Q: I was appointed an attorney a few years ago when I initially filed. Now that a couple of years of have passed, the judge requested I fill out a financial affidavit. (my income has only change a few thousand) Do i need to provide my ex and the child attorney a copy of my financial affidavit or can I send them only a copy of the letter to judge without my financial affidavit? Thank you in advance.
A: David's Answer: Unless you have something to hide, you should provide all correspondence (& attachments) submitted to the Judge to the other side. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Unless you have something to hide, you should provide all correspondence (& attachments) submitted to the Judge to the other side. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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