Q: My daughter's father uses my daughter constantly against me. He is emotionally abusive. I have sole custody and visits are as agreed upon. I try to work something out, buy, every time, I am threatened with court. I want a divorce, but can't afford one. I can't use legal aid because he used legal aid when he tried to take her when she was a newborn. he has told me time and again, he will fight a divorce. I just need help. I feel like I am trapped in a corner.
A: David's Answer: Shop around - some attorneys offer sliding scales on their fees and/or will agree to collect the bulk of their fees from him if he makes significant money. It certainly sounds like you need a better defined visitation schedule so everything's clear between the two of you. Schedule a consultation with a Family Law attorney in your area for a full assessment. -- 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.
Saturday, December 21, 2013
Wednesday, December 18, 2013
Legal name change, or not?
Q: If my daughter's biological father never signed her birth certificate, can I change her last name? I am now married and her stepfather would like her to have his last name. Her biological father is not involved, and there is no father listed on her birth certificate. Lastly, I was never married to her father, but we did establish paternity in court, he just never singed the birth certificate. Thanks.
A: David's Answer: If you established paternity thru the court, then it doesn't matter that his name is on the birth certificate or not - he is the legal father of the child. As such, you must commence a chance-of-name proceeding. Please consult the court's website for further details: http://www.courts.state.ny.us/forms/namechange..... You should also consider consulting a Westchester Family Law attorney on the issue. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you established paternity thru the court, then it doesn't matter that his name is on the birth certificate or not - he is the legal father of the child. As such, you must commence a chance-of-name proceeding. Please consult the court's website for further details: http://www.courts.state.ny.us/forms/namechange..... You should also consider consulting a Westchester Family Law attorney on the issue. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, December 14, 2013
How can can you prove emotional abuse in family court?
Q: my uncle has gone crazy and has been put into many mental institutions. my aunt and her kids do not feel safe around him because he has in the past emotionally abused them. he has even tried to hurt himself. so my aunt wants to get an order of protection so they can feel safe again. is there anyway to prove emotional and verbal abuse using her kids or other people as witnesses?
A: David's Answer: The issue is that emotional or verbal abuse, in themselves, do not create grounds for an order of protection. This is because one must allege (& be prepared to prove) that a domestic violence crime has occurred - and verbal/emotional abuse generally does not constitute a crime. She may wish to consider getting a divorce, assuming she's still married to him. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: The issue is that emotional or verbal abuse, in themselves, do not create grounds for an order of protection. This is because one must allege (& be prepared to prove) that a domestic violence crime has occurred - and verbal/emotional abuse generally does not constitute a crime. She may wish to consider getting a divorce, assuming she's still married to him. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, December 7, 2013
How do i fight an order of protection that was falsely given on my behave.
Q: my husband was charge with and family offense and there is and order of protection, how can i fight that order of protection.
A: David's Answer: Is your case pending in criminal court or Family court? If in Family Court, then it's your petition & you always have the right to withdraw your own petition. If in criminal court, then you'll need to speak with the prosecutor. Speak with a Dutchess/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Is your case pending in criminal court or Family court? If in Family Court, then it's your petition & you always have the right to withdraw your own petition. If in criminal court, then you'll need to speak with the prosecutor. Speak with a Dutchess/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, December 4, 2013
Can my ex-husband file for reduction of child support if he is unable to prove a perm disability and takes a lower paying job?
Q: We have already been to Family Court. It was a fact finding hearing where he previously had shown he was on temporary disability, but, was suppose to prove that he had a permanent disability if he wasn't going to return to his employer. He was unable to prove a permanent disability and given six months with the modified support amount pertaining to his temp disability and then he would return to his full amount. He has not returned to his former employer and feel he is going to now say he is making a lower salary and try to file for a continued modified support payment. Can he do this?
A: David's Answer: It seems to me on the fact you're presenting he'd still need to prove he's disabled. Otherwise, he'd need to show he lost his last job through no fault of his own & has made a diligent search to find commensurate work since then. schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: It seems to me on the fact you're presenting he'd still need to prove he's disabled. Otherwise, he'd need to show he lost his last job through no fault of his own & has made a diligent search to find commensurate work since then. schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am in a custody fight in family court, I have legal aid. My ex was appointed a lawyer, 9 months ago my ex got a new job.
Q: She is now making 50 grand a year, her lawyer knows this and doesn't care. I just lost custody temporarily because of her lawyer. The judge and my lawyer don't want to help me, What can I do?
My lawyer has a full docket and no time or interest, she has been unprepared at every court date. I'm lucky if I get 5 min before court while my ex has her court appointed lawyer on speed dial. I am trying to get her lawyer removed because my ex makes to much money to qualify for a free lawyer
A: David's Answer: Your options are: (a) ask the Judge to assign another lawyer, or (b) explore hiring a private attorney, perhaps one who offers sliding scales and/or payment plans. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Additional information
A: David's Answer: Your options are: (a) ask the Judge to assign another lawyer, or (b) explore hiring a private attorney, perhaps one who offers sliding scales and/or payment plans. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
How do I get emancipated?
Q: I am currently 15, i turn 16 in 7 months and my mom won't allow me to work or do anything all I do is go to school and come home I can't even stay after school if I do I get in trouble. My mom won't even let me empty out the garbage there has to be am adult with me. So how do I prepare myself for living on my own and what steps should I take to get emancipated. Also they have a history of abusing me in 2005
A: David's Answer: First, I disagree with the suggestion that you can just "file a petition," as there's no such petition to file. Second, I disagree with the suggestion that you just "run away," as then you would likely become a "person in need of supervision" & quite possibly wind up in a group home. Third, the military will most likely not accept you without parental consent. None of these are realistic options for your situation. The frustrating truth is that you may need to "grin & bear it" as child welfare will most likely not get involved unless there is current abuse or neglect going on (the past "abuse" won't apply as they need to determine that you are currently at risk of harm). -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: First, I disagree with the suggestion that you can just "file a petition," as there's no such petition to file. Second, I disagree with the suggestion that you just "run away," as then you would likely become a "person in need of supervision" & quite possibly wind up in a group home. Third, the military will most likely not accept you without parental consent. None of these are realistic options for your situation. The frustrating truth is that you may need to "grin & bear it" as child welfare will most likely not get involved unless there is current abuse or neglect going on (the past "abuse" won't apply as they need to determine that you are currently at risk of harm). -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Subscribe to:
Posts (Atom)