Q: I believe my spouse is mentally ill. We have 7 yr old. If I have to move out w/son. Can I apply for physical custody to protect son from being taken from me by husband. I have been keeping emails to myself documenting "events" that happen and sending to myself as a journal of sorts. Any other advice? I want to be realistic for outcome. I have begun to create a support network of family/friends. His Siblings /friends are aware he has a "problem" just by knowing him. I just started seeing a psychologist w/hopes of making decisions & coping skills for myself and son. I don't want to divorce but don't think its healthy for our son to live in current circumstances. Bad mood swings/rage/belittling.
A: The issue is whether you anticipate your spouse contesting custody. If this is your anticipation, then you may wish to consider filing for divorce along with an order to show cause for interim custody. If you leave without a court order, he may run into court & obtain an order requiring you to return the child to the marital residence. -- 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.
Friday, July 4, 2014
Grounds for emancipation or change of guardian
Q: My aunt (Guardian)was drunk the other night and the cops were called. we live in a bad area of town(shootings everywhere) and she is a heavy smoker and i dont want to be around any of that as i grew up with that traumatic experiences. I have another adult who would love to have me and support me. is this grounds for emancipation or at least will i be able to get a different guardianship.
A: Assuming you're under 18, the "other adult" would need to file for custody or guardianship of you. Have that "other adult" call a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: Assuming you're under 18, the "other adult" would need to file for custody or guardianship of you. Have that "other adult" call a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Separated (not legally) from husband 6 years. am i liable for his medical bills?
Q: Hello. My husband and I have been separated for 6 years. Nothing legal in place, we simply split up over 6 years ago. He is still a dependent on my GHI medical insurance. a year ago he sustained an injury and has to undergo a few surgical procedures. My question is, am I liable for any outstanding medical bills? And does he have to remain on my insurance until we actually get divorced? According to my plan, there has to be a "qualifying event" such as a divorce or a birth or a marriage to add/drop dependents, but is this even after one has been separated this long?
A: Generally any debt, including medical debt, which accrues during a marriage is considered marital dent such that each of you would be liable on same. And generally, one must continue coverage until divorced - all the more reason to file for divorce sooner rather than later. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: Generally any debt, including medical debt, which accrues during a marriage is considered marital dent such that each of you would be liable on same. And generally, one must continue coverage until divorced - all the more reason to file for divorce sooner rather than later. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
How is the order of protection in a CPS case in which one is prohibited from home/school of child interpreted? Worth an appeal?
Q: Parent with an otherwise pristine social and parenting record was wrongfully indicated in a CPS case of a 5 year old who is reported to be "credible," though the child omitted many details of the accidental components of his bruising. Parent also admitted to spanking. The court extended the order of protection beyond the normal limits of a CPS case totally so far 80 days. Devastated parent is to stay away from home and school as per OOP. However, the OOP does not state anything about "sleeping under the same roof," though this is how it is verbally put forth by the CPS case worker.
A: If the order of protection states that you're to stay away from the child's home, then you cannot "sleep under the same roof," unless that roof isn't the child's home. As for your chances on appeal, you generally need to file an appeal within 30 days, so if the order's been in place for 80 days, you may have missed your deadline. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: If the order of protection states that you're to stay away from the child's home, then you cannot "sleep under the same roof," unless that roof isn't the child's home. As for your chances on appeal, you generally need to file an appeal within 30 days, so if the order's been in place for 80 days, you may have missed your deadline. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Child Support and medical bills
Q: My ex just presented me with the medical co-pay bills for our daughter. The bills date back to 2013. If she had presented the payments to me as each month, it would have been more manageable. Is there a time frame she should be presenting these to me? Should I petition in court for this change? The bill is nearly $2000 total over the last year. For the first half of the year, I didn't even know y daughter was getting out patient treatment.
A: You should write your ex & ask that she provide the bills on a monthly or bimonthly basis. And yes, if she doesn't agree to do so, you can file a modification petition asking that such provision be worked into the order (though some Magistrates may find that to be "micro-managing"). -- David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)
A: You should write your ex & ask that she provide the bills on a monthly or bimonthly basis. And yes, if she doesn't agree to do so, you can file a modification petition asking that such provision be worked into the order (though some Magistrates may find that to be "micro-managing"). -- David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)
My ex enrolled our child in a specialty summer camp instead of the local town camp.
Q: The specialty camp cost $300 more than the town camp! I only found out the day before that he was going to camp even though we are supposed to decide together per the visitation and custody order. Can I fight the difference in court and ask to pay what it would have been if he had gone to the town camp? Our order only states I pay a portion of summer camp.
A: This depends in large part on whether you have joint custody requiring the CP to consult you before making such decisions. If not, then I don't see the cost of the camp as so substantial over-and-above the town camp that a Magistrate will find same to be an unreasonable choice. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: This depends in large part on whether you have joint custody requiring the CP to consult you before making such decisions. If not, then I don't see the cost of the camp as so substantial over-and-above the town camp that a Magistrate will find same to be an unreasonable choice. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
If my ex and I come up to an agreement on custody will the judge just make change?
Q: If my ex is agreeing to let my 13 year old son come live with me will they change custody on the first day of court ? And will my son still have to talk to a law guardian.
A: It's extremely likely that the Judge would approve whatever change you're agreeing to in terms of the change of custody. While possible, I see it as unlikely the Judge would assign an Attorney to represent the child, unless relatively recently the case had been in court. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: It's extremely likely that the Judge would approve whatever change you're agreeing to in terms of the change of custody. While possible, I see it as unlikely the Judge would assign an Attorney to represent the child, unless relatively recently the case had been in court. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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