Q: Says she hasn't see him because her probation officer wont let he. Ever though she showed him court papers for when she could see him. She had to do some class for probation. That ended in Oct. still hasn't tried to see him. Hasn't been going to visits on a reguler bases from the beginning. Has gone weeks and months before. I would love to adopt him.
A: David's Answer: One would think the adoption Judge would find that she has "legally abandoned" the child by failing to maintain substantial contact for a period of longer than 6 months. Speak to a Family Law attorney in your area. -- 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, December 31, 2013
Hello, my daughter's father been absent for more than 3 years, no cs been paid nor visitation.can the court take his rights
Q: i been filing petition for violation of cs this year and it been a lost. my husband want to adopt her as well, do we we need the bio-father sign a consent form or can we try with the court knowing that he been more tun 3 years absent volunteer with no payment of cs
A: David's Answer: If the father has not visited the child in 3 years, most likely the adoption court will find that he legally abandoned the child & will allow the adoption to proceed with or without his consent. Schedule a consultation with a NYC/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If the father has not visited the child in 3 years, most likely the adoption court will find that he legally abandoned the child & will allow the adoption to proceed with or without his consent. Schedule a consultation with a NYC/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can my ex get supervised visitation of our child?
Q: if he's gotten endangerment of the welfare of children charges, long history of violent/domestic crimes. Has abused 4 separate women, has a history of drug/alcohol abuse, has subsequent mental health history (including bipolar, anger issues, anxiety, and suicidal tendencies in which he was hospitalized for in 2011, 2012, & 2013), has had no jobs, hasn't held a permanent residence in the past few years, homeless on multiple occasions, and lives off of SSI for being mentally incapable of doing anything on daily basis due to anxiety attacks that last all day every day.
A: David's Answer: One would think with this list of maladies the Judge would make his visitation supervised. Make sure you have documentation of as many of these allegations as possible. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: One would think with this list of maladies the Judge would make his visitation supervised. Make sure you have documentation of as many of these allegations as possible. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
If you lost your job or you retired receiving a low monthly income from the retirement and you are also receiving food stamps
Q: What are your monthly obligation towards child support when you are receiving food stamps, and what is that law called for that and you too have a minor child that is in your custody from another woman? And how does it affect back child support?
A: David's Answer: Merely receiving food stamps doesn't bear directly on the calculation of child support, as it's what total income you have that counts. Moreover, support is set at your ability to earn income, so if you voluntarily retired while having a prior order of support, you generally would not qualify for a reduction (as this would be a form of "voluntary quit"). Finally, having another child to support MAY affect child support, but as a necessary element of that defense, you'd need to bring in proof of what the mother of that child is earning. Schedule a consultation with an Orange//Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Merely receiving food stamps doesn't bear directly on the calculation of child support, as it's what total income you have that counts. Moreover, support is set at your ability to earn income, so if you voluntarily retired while having a prior order of support, you generally would not qualify for a reduction (as this would be a form of "voluntary quit"). Finally, having another child to support MAY affect child support, but as a necessary element of that defense, you'd need to bring in proof of what the mother of that child is earning. Schedule a consultation with an Orange//Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I had a custody hearing last Sept 2013 and lost because I represented myself, my whole case was based on son's medical condition
Q: Due to a lack of funds I acted pro-se and represented myself plus the court appointed attorney did not want to represent me because all he wanted me to do was to drop my case & I should be happy I have joint custody. My child's blood chemistry was at extreme deadly levels of which my complaint was all about. By the time we finally went to trial my son's blood chemistry went back to normal because mother was scared, when I attempted to present my medical case I was unable to show it because I was not a medical professional. The children's Right Society was not on my side nor did they care, so I became stage freight and lost my focus so I lost my case. Two weeks ago I found out that my son's blood chemistry is back to an abnormal deadly level again. What can I do I cant sleep at nights.
A: David's Answer: First, you should not represent yourself. If you are too poor to afford an attorney, the court can assign you one. If you do not qualify for free representation, there are many lawyers who offer sliding scales on their fees - shop around (even to adjoining counties). Next, I'd need to know more details as to why you think the mother is to blame for your child's "abnormal blood chemistry." Schedule a consultation with an Orange//Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: First, you should not represent yourself. If you are too poor to afford an attorney, the court can assign you one. If you do not qualify for free representation, there are many lawyers who offer sliding scales on their fees - shop around (even to adjoining counties). Next, I'd need to know more details as to why you think the mother is to blame for your child's "abnormal blood chemistry." Schedule a consultation with an Orange//Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Is it possible to remove court appointed child Attny who's violated my son (7 yo)'s confidence? He doesn't trust her.
Q: Trying to modify visitation bc dad refuses to participate in my sons life. Removes him from friends, sports & insists on taking him out of town against my sons will. I'm worried abt the psychological effects on my son who begs me to be able to stay home & play with friends. Dad has a lot of $ & little interest in parenting ( we have joint legal). I feel stuck bc the child avocate is not helping to protect my sons needs & seems enamourd with my ex (who is somewhat famous). My poor son is devistated about being uprooted (dad lives in another town) every other weekend & shuffled around. Now ex is asking to get him a nanny so he can travel with him. I'm represented but nobody seems to be considering what's best for my son... Just my ex. Child avocate refuses to let me get my son into therapy.
A: David's Answer: While it is possible to file a motion to have the attorney for child removed, it rarely is granted. Thus, you should have relatively clear allegations which impugn the ethics & professionalism of this attorney. Request that the Judge interview the child "in camera." Be prepared for (unspoken) backlash, however, if the motion fails. If you don't feel your attorney is acting in your best interests, consider a change. For (at the least) a 2d opinion, 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: While it is possible to file a motion to have the attorney for child removed, it rarely is granted. Thus, you should have relatively clear allegations which impugn the ethics & professionalism of this attorney. Request that the Judge interview the child "in camera." Be prepared for (unspoken) backlash, however, if the motion fails. If you don't feel your attorney is acting in your best interests, consider a change. For (at the least) a 2d opinion, schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, December 21, 2013
What do i do if i have an support order agiant me allready and i want to contest my son paternity.
Q: my kid is 6 yrs and i've been in a up and down war with the mother i resently have had reasons to believe that im not my sons birth father how do i proceed im at a bad time in life and need help i have no idea what to do about the whole thing but its got very angery and scare .
please help
A: David's Answer: You may file a petition for a DNA test, but the problem is that you may have waited too long. There is a legal doctrine called "equitable estoppel" which in a nutshell means that if you sit on your rights for too long, at some point you lose them. That said, the worst that the Magistrate says is "no, you don't get a DNA test," so go ahead & file the petition. I wouldn't do so without the aid of an attorney, however. Schedule a consultation with a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
please help
A: David's Answer: You may file a petition for a DNA test, but the problem is that you may have waited too long. There is a legal doctrine called "equitable estoppel" which in a nutshell means that if you sit on your rights for too long, at some point you lose them. That said, the worst that the Magistrate says is "no, you don't get a DNA test," so go ahead & file the petition. I wouldn't do so without the aid of an attorney, however. Schedule a consultation with a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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