Q: My daughter is 3 years old and every since she was born her mother do things to abuse her to get a me as her father. I've been in and out of Yonkers court and have an order and still the mother is doing stuff to harm my child, and I feel helpless. I called CPS and the police plenty of times and they still have not did anything to help me with my daughter, I was told if i call again that I could be arrested or never see my child again. However my child is still being abuse while in her mother care. What should I do?
David's Answer: Ultimately you would need to prove that the abuse is happening, if you've already called the appropriate authorities & they haven't found anything. Bear in mind you risk having blow-back from a false report, so you'll need to delicately proceed on documenting the abuse. The easiest thing is if there are injuries, you can take pictures of the abuse. -- 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, April 3, 2015
Monday, March 30, 2015
I need to find a probono lawyer to help me with a child support order modification in Westchester.
Q: I have a child support order & filed a modification. I am not working and need help. I have a court date for April 23rd.
David's Answer: If your case is in Supreme, you can check with the Office of the Self-Represented. If your case is in Family Court, then you can shop around and/or call the Bar Association. It should be noted extremely few lawyers do cases for free, especially in the Family Law field. That said, many offer sliding scales on their fees. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
David's Answer: If your case is in Supreme, you can check with the Office of the Self-Represented. If your case is in Family Court, then you can shop around and/or call the Bar Association. It should be noted extremely few lawyers do cases for free, especially in the Family Law field. That said, many offer sliding scales on their fees. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
My 16yr old son is in special ed with executive functioning disorder. He was tattooed at a licensed parlor without my consent.
Q: I left my son and 16yr nephew, who Iam his legal guardian, at his dads
house over the weekend. My brothers girl friend took both boys for
tattoo's without calling and asking for my permission. I'm devastated.
My son is immature and did not know the risks. I'm taking him to his
doctor to be tested for HIV and hep c. My son wanted to be a police
officer and has now it will effect his future earnings. HELP
David's Answer: Assuming you have sole or primary residential custody, this would appear to be a violation of the order. You can file an enforcement petition, with the Judge then deciding what sanctions to level at the father (in addition to assessing him with any costs of the tattoo's removal). -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
David's Answer: Assuming you have sole or primary residential custody, this would appear to be a violation of the order. You can file an enforcement petition, with the Judge then deciding what sanctions to level at the father (in addition to assessing him with any costs of the tattoo's removal). -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Sunday, March 29, 2015
I have to go to Supreme Court Matrimonial part in White Plains with a phone recording on CD.
Q: Will they let me walk in with a small CD player? I'm concerned that Security won't let me bring it in.
David's Answer: You're best advised to make these arrangements first with the Part Clerk, who will then likely need to coordinate with Security. Bear in mind if you're representing yourself you must lay a proper foundation to get a recording into evidence. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
David's Answer: You're best advised to make these arrangements first with the Part Clerk, who will then likely need to coordinate with Security. Bear in mind if you're representing yourself you must lay a proper foundation to get a recording into evidence. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Friday, March 20, 2015
What is the proper language you use when you want to state that the child support magistrate fabricated the facts
Q: what is the proper language you use when you want to state that the child support magistrate fabricated the facts so her facts of law are erroneous and what laws are used to cite this argument...
A: David's Answer: It's not so much that the Magistrate "fabricated facts," it's that you're disputing the factual findings the magistrate made. Your argument is that it was an abuse of discretion for the Magistrate to find as s/he did. As for caselaw, that'd need to either come from hiring an attorney (as same would need to be crafted to the individual facts of your case) or you'd need to hit the Law Library. 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: It's not so much that the Magistrate "fabricated facts," it's that you're disputing the factual findings the magistrate made. Your argument is that it was an abuse of discretion for the Magistrate to find as s/he did. As for caselaw, that'd need to either come from hiring an attorney (as same would need to be crafted to the individual facts of your case) or you'd need to hit the Law Library. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
My ex wants me to buy our child a phone.
Q: I am considering a smart watch when she is age appropriate for it. Is it legal to use GPS to see where she is? I'm the ncp.
A: David's Answer: It is perfectly legal to use gps to track your child, but this is also something the other parent should be aware of. Indeed, this really shouldn't even be something you hide from the child either. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: It is perfectly legal to use gps to track your child, but this is also something the other parent should be aware of. Indeed, this really shouldn't even be something you hide from the child either. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, March 14, 2015
I have a family court order guaranteeing phone contact between myself and my daughter. My ex is now crying harassment to me beca
Q: I once a day when she has her text the word "call" when I'm ready to talk. She's trying to wiggle out of giving me phone time and even told the attorney for the child she's "too busy" to give me a min of time on the phone. Our child is about 3. She's committed numerous other minor violations of the order. What's the best course of action?
A: David's Answer: If you believe she's violating the agreement/order, then mail her a default notice letter specifying the allegations (be specific by date, etc.). If she still continues to violate, then file an enforcement petition. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you believe she's violating the agreement/order, then mail her a default notice letter specifying the allegations (be specific by date, etc.). If she still continues to violate, then file an enforcement petition. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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