Q: My child's father owns a real estate company. He has not paid his support in a few years, now he's petitioned for a modification after getting a notice from cse of intent to garnish wages. He then made a $100.00 payment after receiving the notice. While nearly $10,000 in arrears, and hiding his assets, why would a judge agree to a modification?
A: David's Answer: A Magistrate may still grant the modification going forward, but cannot modify prior to the date of the petition filing (thus, the arrears would stay). The father would still have an obligation to prove what his income is & thus that he's entitled to a downward modification. Schedule a consult with 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.
Wednesday, June 11, 2014
I singed my rights of my youngest child and im now having another baby what are the chances of me being able to have my baby
Q: in 2011 i had lost custady my child esme and they charged me with neglact i fought for 2 yrs to get her back but in the end the court did not want to remove her from the foster family so i was given an option to either vulintary singed my rights over or have them taken from me i choose to willinly singed them over and now a year later im pregnet with a nother child i was told that i was not going to be on a list i would like to know my chances of being able to keep my child with out the stress of cps
A: David's Answer: CPS will not necessarily know of the birth of your new child, unless for some reason they are still monitoring your household. Thus, unless you neglect the new child, no reports should be called in. That said, the question then becomes whether you've solved the problems that led to the original neglect charges. If you haven't, the time is now to get treatment or help to eliminate that issue. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: CPS will not necessarily know of the birth of your new child, unless for some reason they are still monitoring your household. Thus, unless you neglect the new child, no reports should be called in. That said, the question then becomes whether you've solved the problems that led to the original neglect charges. If you haven't, the time is now to get treatment or help to eliminate that issue. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, June 7, 2014
If a 17 year old and a 25 year old have a child, does the 17 year olds mother have any custody?
Q: So as listed in the question a 17 year old "minor" and a 25 year old have a baby. Is the 17 year olds mother allowed to "take" the baby from either parents? Mind you they are both fit of raising the child. He works full time and has a decent job and provides for the mother and child just fine. The child has established medical coverage and sees the pediatrician regularly and has all scheduled vaccinations.
A: David's Answer: Assuming the 17yo is the mother of the child, then I don't understand your question regarding "taking the baby from either parents," when she IS a parent of the child. If the child is living with her, then she has de facto custody. But if either parent wishes to establish legal custody, either may file a petition for same with the Family Court. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Assuming the 17yo is the mother of the child, then I don't understand your question regarding "taking the baby from either parents," when she IS a parent of the child. If the child is living with her, then she has de facto custody. But if either parent wishes to establish legal custody, either may file a petition for same with the Family Court. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can I file a petition for custody even if I live in the same house as my estranged husband?
Q: The Court has already dismissed petition for support because my husband testified that he resides in house 4 nights a week and 3 nights with his girlfriend.
We plan on getting divorced. Other than a family court order, what can I do to keep custody of our child until a divorce order is granted?
A: David's Answer: You should just file for divorce & then file a motion in the divorce case for an order of interim primary custody. You may also include a claim for exclusive occupancy of the marital residence. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Additional information
A: David's Answer: You should just file for divorce & then file a motion in the divorce case for an order of interim primary custody. You may also include a claim for exclusive occupancy of the marital residence. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
FAMILY LAW: CIVIL. What does 'abuse of discretion' mean?
Q: I am considering appealing a Commissioner's decision on matters of Modification of Child Support and Verified Contempt of Parenting Time. I feel that I provided a preponderance of testimony (Commissioner wld not accept ANY tangible proof into evidence). The Fact of Findings either does NOT reflect my testimony or has slanted it in favor of the other party. basically, my motions mentioned above were Denied. I believe the transcripts will show that the weight of testimony given by the parties is on my side and was mostly excluded in the decision making process. The other party did NOT deny much during the hearing and also confirmed that he did do what I alleged in my motions/complaints so I feel that I met the burden of proof.
A: David's Answer: Abuse of discretion in a nutshell means you believe based on the evidence presented the Magistrate clearly reached the wrong conclusion of law. Assessments of credibility will usually be the sole province of the Magistrate. Bear in mind that you only have 30 days from the date of the order (35 days if it was mailed to you) to file an Objection appeal. Schedule a consult with a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Abuse of discretion in a nutshell means you believe based on the evidence presented the Magistrate clearly reached the wrong conclusion of law. Assessments of credibility will usually be the sole province of the Magistrate. Bear in mind that you only have 30 days from the date of the order (35 days if it was mailed to you) to file an Objection appeal. Schedule a consult with a Family Law attorney in your area for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
How can i get my children back from me smoking weed
Q: Drugs in my system
A: David's Answer: If your children were taken away from you by ACS/CPS, then you have a right to a "1028 hearing," which is an immediate hearing asking for a return of your children to you from foster care. Pursuant to a 1995 Court of Appeals decision "Matter of Dante M." a positive toxicology, in itself, should neither result in a removal of your children, let alone a neglect case filed against you. You should immediately file for a 1028 hearing & call a Family Law attorney in your area for a consult. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If your children were taken away from you by ACS/CPS, then you have a right to a "1028 hearing," which is an immediate hearing asking for a return of your children to you from foster care. Pursuant to a 1995 Court of Appeals decision "Matter of Dante M." a positive toxicology, in itself, should neither result in a removal of your children, let alone a neglect case filed against you. You should immediately file for a 1028 hearing & call a Family Law attorney in your area for a consult. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can I be kicked out of my dad's house if I do not pay rent and have not been served an eviction notice?
Q: I am 20 years old living with my dad and he has threatened to kick me out of the house in 3 days. I have not been served an eviction notice and can prove that I have lived in the house for months. Can I be forced to leave? Also, if I leave the house and the door is locked, but I enter using my keys, can I be charged with trespassing if the police are called?
A: David's Answer: I am 20 years old living with my dad and he has threatened to kick me out of the house in 3 days. I have not been served an eviction notice and can prove that I have lived in the house for months. Can I be forced to leave? Also, if I leave the house and the door is locked, but I enter using my keys, can I be charged with trespassing if the police are called? -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: I am 20 years old living with my dad and he has threatened to kick me out of the house in 3 days. I have not been served an eviction notice and can prove that I have lived in the house for months. Can I be forced to leave? Also, if I leave the house and the door is locked, but I enter using my keys, can I be charged with trespassing if the police are called? -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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