Q: I feel its for the best. He is so immature and doesn't even take care of himself. He is in college living at home with mommy. He still acts like a little kid even has issues with personal hygiene. Their house is gross and about 4 people smoke there. He refuses to think of whats best for the baby. He wont be able to support her let alone or even help me if I have the baby. Can he keep the adoption from happening?
A: He is generally entitled to notice of the adoption proceeding. If he has maintained "substantial contact" with the child and has not otherwise abused or neglected the child, then his consent will most likely be required to the adoption (although he'd need to appear in the action & contest). If he does, then file a petition for child support & aggressively pursue that case. -- 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
Am I responsible for my sons medical bills
Q: I live in new York state, my son is 21, and he is on my medical insurance, these bills are for balances not covered by insurance.
A: Unless you have a valid, written agreement (such as a divorce settlement) to the contrary, the your son is an adult & is responsible for his own bills at this point. Send the bills to him & if he doesn't pay, then kindly inform him he'll need to provide for his own coverage. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: Unless you have a valid, written agreement (such as a divorce settlement) to the contrary, the your son is an adult & is responsible for his own bills at this point. Send the bills to him & if he doesn't pay, then kindly inform him he'll need to provide for his own coverage. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Motion for Comtempt
Q: My daughters father and I have never been married we have one child he lives in TX and I live in NY. I just found out today at the dentist office that her insurance was cancelled back in Dec 2013. Its on our original order which is from San Diego, CA but I'm in the process of moving the case here to NY. Her father never informed me. I emailed and asked for the information to be sent to me, but he is refusing and being very harsh with words. Can I file this motion, and if so how do I do it with out an attorney. I live on pay check to paycheck and its very difficult for me to hire an attorney.
A: Merely because you move to NY doesn't mean a NY court will have jurisdiction over him. You would first need to register the order for modification/enforcement purposes in NY. Only if it's accepted for registration may you then file an enforcement action against him here. Otherwise you'd need to file an enforcement action against him in TX. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: Merely because you move to NY doesn't mean a NY court will have jurisdiction over him. You would first need to register the order for modification/enforcement purposes in NY. Only if it's accepted for registration may you then file an enforcement action against him here. Otherwise you'd need to file an enforcement action against him in TX. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Too rich to get a free lawyer too poor to pay for one. What happened to "middle class"
Q: Any advice for finding a Divorce lawyer.
A: Your answer - shop around. With the proviso that one generally gets what one pays for, there are many websites (including Avvo using the "Find-a-Lawyer" tab), such as Legalmatch.com, Lawyers.com & Findlaw.com which allow you to find a lawyer. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: Your answer - shop around. With the proviso that one generally gets what one pays for, there are many websites (including Avvo using the "Find-a-Lawyer" tab), such as Legalmatch.com, Lawyers.com & Findlaw.com which allow you to find a lawyer. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Can I consent to an order of protection without agreeing to what I have been accused of? Do I have to be there to do so?
Q: I have gone through this process with the same person before and the order was dismissed after wasted time and money. I can't afford to lose another 8 months as well as the money that was spent just to have the same outcome. It is clear this person won't stop until they get what they want which is to hurt me. I am willing to have the OP as long as I don't have to say I did the things I was accused of. Also, I would like to avoid seeing this person at all costs. Is there any way to consent to the order without me being at court for the date scheduled?
A: You can have a consent order of protection with no finding of wrongdoing, but must generally be present in court to enter your consent. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: You can have a consent order of protection with no finding of wrongdoing, but must generally be present in court to enter your consent. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am planing on moving back to my home country in Europe
Q: My daughter is 19 months old and saw his father for the first time this january. he never want to see her until i filed for child support. As a right now there in no visitations/custody order from the court we only have child support agreement signed. My ex boyfriend has visitation every saturday 2 hours and we agreed also on one week day but he is visiting only on saturdays. since i am not american citizen i am planing to move back to my home country with my daughter of course with court permission. My question is will my ex boyfriend still pay child support if we move?
A: The father should continue paying the child support, as the child is over the age of majority for visitation purposes. That said, the father MAY file a petition saying that he's been deprived of a relationship without justification with the child & thereby the child's been emancipated. If he does, you may need to litigate that issue. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: The father should continue paying the child support, as the child is over the age of majority for visitation purposes. That said, the father MAY file a petition saying that he's been deprived of a relationship without justification with the child & thereby the child's been emancipated. If he does, you may need to litigate that issue. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Need advice now - got CPS abusing me and my son
Q: i have full custody and cps is coming here 5 times already and states theres a coi along with a complaint of abuse against me. dont i have the right under the law to see what accusations are against me/ im not asking for persons name . and i was told by a friend i had the right to see charges (copy for my records).
A: Yes, absolutely - you have a right to a letter from CPS notifying you of the existence of the report. On that letter will be an address for OCFS where you can obtain a copy of the report. You should immediately send a letter via certified mail, return receipt to them requesting a copy of the report. -- Westchester Family Law attorney (www.blivenlaw.net)
A: Yes, absolutely - you have a right to a letter from CPS notifying you of the existence of the report. On that letter will be an address for OCFS where you can obtain a copy of the report. You should immediately send a letter via certified mail, return receipt to them requesting a copy of the report. -- Westchester Family Law attorney (www.blivenlaw.net)
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