Q: She is 3 and has not seen him since she was 4 months old. He has never even bothered to show up to any of the custody hearings. She would not even know who he is and he has 4 other children he has either given up for adoption or refused to see them. I want to do this so I never have to worry about him just showing up and taking her.
A: David's Answer: I agree the Court may possibly terminate visitation, but cannot ultimately terminate his parental rights unless within the context of an adoption proceeding. Speak further with a Child Custody lawyer 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.
Saturday, February 8, 2014
How do I get a vacate order of protection issued by the judge lifted against my husband?
Q: This order of protection came when someone reported an injury my son had to CPS and they asked me to go to court before the family court judge. I have had domestic violence with him in the past but I did not want a vacate order. We are still married and the incident with my son was an accident according to my son. Now my son is with me, my husband has been gone for almost 2 weeks, we have bills and finances to pay together and my son misses him dearly. I want my husband to get some help with his personal issues, but I don't feel he is a threat to me or my son. The Domestic Violence council has offered me free legal counsel but I have yet to hear back from them. Can I go to court and request this to the judge myself?
A: David's Answer: You are entitled to assignment of counsel by the Family Court upon proof of indigency. If you wish to modify the terms of the order of protection, just file a petition to that effect. Schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Bronx Family Law attorney (www.blivenlaw.net)
A: David's Answer: You are entitled to assignment of counsel by the Family Court upon proof of indigency. If you wish to modify the terms of the order of protection, just file a petition to that effect. Schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Bronx Family Law attorney (www.blivenlaw.net)
I got married in Feb 2013 in NYC. Foolishly I never applied for a marriage license and the affidavit expired after 60 days.
Q: Now I have to provide a marriage license with the date I got married (Feb 2013). How can I backdate the license?
A: David's Answer: You may still apply for a license pursuant to DRL Sec. 25. That said, whoever married you without a license may be guilty of a misdemeanor. Speak to a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You may still apply for a license pursuant to DRL Sec. 25. That said, whoever married you without a license may be guilty of a misdemeanor. Speak to a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I need to know what rights I have regarding my personal property that is at my ex-husband's place.
Q: Due to domestic violence, I recently had to remove my daughters and myself from a home we were sharing with my ex-husband. I am attempting to get the clothes and other goods left there, but he keeps changing the arrangements and creating obstacles to keep me from getting them. He wants to take my things and put them into storage rather than letting me get them myself so that I can be sure to have all of the important things I need. What recourse do I have?
A: David's Answer: Here's the issue: if he's your "ex-husband," this implies you are divorced now. If so, then you are only entitled to those items if they were specified in the judgment or the settlement agreement. If they were not, then those items are his now. Speak to a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Here's the issue: if he's your "ex-husband," this implies you are divorced now. If so, then you are only entitled to those items if they were specified in the judgment or the settlement agreement. If they were not, then those items are his now. Speak to a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Hiring a lawyer for family court
Q: I am going back to family court as a respondent. I am still owe my lawyer a balance from my precious court proceedings. He will not take my case until I pay the balance and put a larger retainer fee. Is this standard practice? Should I just hire another lawyer? I have a feeling that I will be in court for a long time since it is a modification and violation hearings. Thank you.
A: David's Answer: Yes, I think its reasonable from a business perspective. I, for one, do not accept new retainers (generally speaking) if a client owes a balance from a prior case. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Yes, I think its reasonable from a business perspective. I, for one, do not accept new retainers (generally speaking) if a client owes a balance from a prior case. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Thursday, February 6, 2014
File a motion in family court for a mutual mistake on a visitation agreement that was voir dire in front of the judge?
Q: About 2 weeks ago my sons father and I reached a mutual agreement in front of the judge on a visitation schedule. But once we left court, it appeared that the opposing attorney swapped the weekday visits, from what I thought I agreed to, to benefit his client (whether weekday visits would follow his weekend or come before his weekend was never addressed in the courtroom). The judge has not signed the agreement yet. I sent the judge a letter, as advised by the clerk, explaining the issue and that we in fact are not in agreement. Will that help at all or will I need to file a motion? And, how would I do that? Can I file a motion if the judge didn't sign anything yet? I no longer have an attorney, nor can I afford one. I'm trying to do this pro se.
Thank you!
Unfortunately with regards to a pro bono attorney, I contacted a wide variety of companies and I was informed that they can not step in at this point in the case seeing as it is only pending the judges signature. I was advised that I will have to wait until we go to court again and at that time I can request an attorney. I wish I could afford an attorney in the interim however, I am a full time student relying on my loans and grants to get me by, with very minimal child support. Lamentably, I will be in court this Friday to submit my counter-order as advised below. Thank you all for the advice! I am hoping this can get me through until the next court date where I can request council.
A: David's Answer: Preliminarily, you should never try to handle such a case on your own - if you cannot afford an attorney, you should always ask the judge to assign you one. That said, technically what you're supposed to do is submit a counter-order, with an affidavit of service, to the court upon receipt of the (incorrect) proposed order. If the Judge signs off on the incorrect order, then indeed you would need to file a motion for re-settlement of the order. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Thank you!
Additional information
A: David's Answer: Preliminarily, you should never try to handle such a case on your own - if you cannot afford an attorney, you should always ask the judge to assign you one. That said, technically what you're supposed to do is submit a counter-order, with an affidavit of service, to the court upon receipt of the (incorrect) proposed order. If the Judge signs off on the incorrect order, then indeed you would need to file a motion for re-settlement of the order. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, February 1, 2014
A cps complaint was made against me for walking around in my bathrobe in front of kids. is this illegal?
Q: My exhusband has contiually called cps on me for frivolous things- all unfounded. However, this complaint is serious? What could happen?
A: David's Answer: Assuming you had your bathrobe closed (i.e., were not walking around in front of them naked) then I don't see any issue at all. If you were walking around naked, most likely CPS will just tell you "we advise against doing that" and close out the case. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Assuming you had your bathrobe closed (i.e., were not walking around in front of them naked) then I don't see any issue at all. If you were walking around naked, most likely CPS will just tell you "we advise against doing that" and close out the case. Speak to a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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