Should I go today for the cheek swab test called by the police? what is the best I can say to the police and my wife?

Q:  me and my wife married for ten years with two kids. my wife recently had an affair with a male co-worker. she wants a divorce, running into little unhappy argument, nothing physical. she call the police and probably told them she had unwilling sex with me. which I deny. police took bed sheet last night, and want me to return to station today for a cheek swab test. my wife told me she did not go to the hospital for her dna test. she like me continue to be a good father to the kids and use this case to hold me sign the divorce paper and do not want to have me in any trouble.

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police did not call me again, I did not went for sample. my wife says did not go for medical or dna sample test. she will not want to see me in trouble, it will not be good for the kids. she just want to get a divorce. today, my wife just told me she got an order of protection for her only, not for this kids, she want me to remain in home and look after kids. the police is now ready to serve my paper. not received yet.
it just prove I am a great dad for kids, what would the cop think about the sex case?
appearantly, would any mom likely choose to leave the house and leave the kids for dad to take care. Does it prove the "rape" thing is not credible? This is just an easy reason for her to find in order to free herself. Would you give your kids to be looked after by someone mom accuse him to be a crimial of sexual assualt.
Does she still have a criminal case possibility?


A:  David's Answer: If the police are contacting you, you're best advised to re-post this query in the Practice Area of "Criminal." You should also call a criminal defense attorney immediately. That said, as a divorce case is imminent, you should call a Westchester Divorce attorney to schedule a consultation for a full assessment.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What happens if a non-custodial father has no income and can prove this to a judge

Q:  What happens if a non-custodial father has no income and can prove this to a judge when paternity is established for a child? He shows up in a the legal time frame. He lives with his wife a different woman that earns a lot of money.


A:  David's Answer:  The Magistrate can impute income to the father based on work experience and/or education, or may impute the portion of the support his wife is providing for him. Either way, he's probably better off just getting a job. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can a US court establish paternity by default

Q:  Can a US court establish paternity by default and order a United States citizen man to pay child support and suspend his US passport for not paying child support? The courts cannot locate this person, because he does not have a US mailing address and cannot garnish his wages, because they cannot locate any assets in the United States. He had sex with this woman in the United States but the mother suspects that he moved to Japan, before her child is born.


A:  David's Answer:  Yes, but I would wonder how the father was served with the petition if his whereabouts are unknown. More facts would be necessary in order to definitively answer this post.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What happens if a father files a paternity suit in the United States against a pregnant women

Q:  What happens if a father files a paternity suit in the United States against a pregnant women, before her child is born? The man can prove to the court he got this woman pregnant but cannot prove that she gave birth to a child or got abortion. A medical doctor is willing to testify that she was pregnant but does not know if she gave birth or got an abortion.


A:  David's Answer:  The Court would be extremely unlikely to order a DNA test on a fetus. Thus, such a petition would generally need to await the child's birth.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I have a question about Parental Alienation. I recently received an e-mail from my 15 year old child.

Q: That e-mail states that two therapists have told him its unhealthy for him to have a relationship with me. Followed by an e-mail from his father that basically stated the same thing. The last transcript from when we were in court a year ago, the therapist told his father that is was extremely important that our son have a relationship with me and that the father was to encourage one. That also supported by the child's attorney. As far as I know, the child is not seeing any therapists because the one that was in the court case says he hasn't seen our son since our last session. I had also asked 9 months ago the father and his atty if the child was seeing one, no response. The father is unilaterally going against the court, the child's atty and the therapist on record. Is there a case?

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We had evals done, and I would assume if there was an issue, the courts would have taken away my rights and his atty would have certainly demanded that, not do the opposite and try and get a reconciliation. His own atty stated in court that 'they hoped for a reconciliation'. Clearly there is no way to do that when the child is being told I am unhealthy for him. I did file violation papers, but these e-mails came after. I waiting to see if the court orders or not. Knowing that I may have lost my son until he is older, are there any repercussions I can ask the court for? There is a visitation order, but I was asked to give our son time to come around. Which I did, though periodically trying to maintain relevance and a connection with e-mails and gifts. My son rarely responds to my e-mails and when he does, they are very hostile. I haven't seen him in about two years now. No, I am not incarcerated in any way. I have a great job, engaged and stepmom to two teens.


A:  David's Answer:  Let's put it this way - you will either need to choose to enforce your visitation rights - or not. If you allow the father to co-op the child into refusing visitation, then the Court will be all the less sympathetic toward you if you allow the situation to persist & then file a case a year (or later) from now. Your should additionally consider filing a petition to terminate child support based on an unjustified refusal to visit. For a full assessment, schedule a consultation with a Westchester Child Custody attorney.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

I want to evict my 22-year old son from my home. Do I have any legal standing?

Q:  We recently filed an order of protection against him. He cannot say or act violent toward anyone in the home. He is disrespectful, does not work and does not follow the household rules. We are in the process of having him served with a 30 day Notice to Terminate.


A:  David's Answer:  If there is no basis to have him removed on the family offense case (though this would need to be assessed), then you would need to re-post this question in the "Landlord-Tenant" practice area.  --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Is there any way for a 17 year old to move out without having to go through the emancipation process?

Q:  I want to move in with a family that I know but I wasn't sure if there were any way to do it without a big legal fuss from my parents. I just don't want to be in this house anymore because of tension and it's very stressful to me.


A:  David's Answer:  Under New York law, you are still a minor until age 18. If you move out without your parent's consent beforehand, you risk having them file a PINS petition. --  David Bliven, Westchester Family Law attorney (www.blivenlaw.net)