Q: I recently lost all right to my kids in a native american court. Can the ICWA help me as a non-native biological parent? If not, Do i have any recourse at all? I have already been through the appeals court which upheld the decision.
A: David's Answer: If you already tried to challenge jurisdiction of that court & lost, then the ICWA would generally give that court authority to terminate your parental rights. It may be worth it to schedule a consult with a Family Law attorney in your area who is familiar with the ICWA for a full assessment. -- 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, May 30, 2014
Wednesday, May 28, 2014
My sons isn't listed as the biological father on my grandsons birth certificate another man is
Q: his mother wants me to have custody
A: David's Answer: If the "other man" is not merely listed on the birth certificate but ALSO signed an acknowledgment of paternity, then presumptively the child is legally his. As such, unless the mother plans on having the "other man" served with the custody papers, then she'll need to commence a paternity proceeding with the real father (& serve the "other man" with notice of that case). Call a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If the "other man" is not merely listed on the birth certificate but ALSO signed an acknowledgment of paternity, then presumptively the child is legally his. As such, unless the mother plans on having the "other man" served with the custody papers, then she'll need to commence a paternity proceeding with the real father (& serve the "other man" with notice of that case). Call a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Am I able to change my last name on my child's birth certificate?
Q: when my child was born, I was in the middle of a divorce. My ex is NOT her father. I wanted to know if I can change my last name back to my maiden name on her birth certificate. In the divorce I am able to go back to my maiden name.
I just wanted to know if this was even possible.
A: David's Answer: Who's last name is the child's last name currently? Generally if the child's last name matches her father's last name, you'll need to give notice of the proceedings to that father. Forms & instructions are online: http://www.nycourts.gov/courthelp/namechangeinf.... Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I just wanted to know if this was even possible.
A: David's Answer: Who's last name is the child's last name currently? Generally if the child's last name matches her father's last name, you'll need to give notice of the proceedings to that father. Forms & instructions are online: http://www.nycourts.gov/courthelp/namechangeinf.... Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, May 24, 2014
Is it concidered harrasment for a school official to make a false hotline call to cps for educational neglect?
Q: After a very sudden and debilitating onset of social anxiety and panic attacks I have decided to homeschool my son. I had done everything in including doctor appointments, councler apointments, constant calls to the school in attempt to gain any type of help. My once acheiving child began slipping behind because the school did zero for me. I couldnt even get them to collect or except missed work. This all happened over the course of one month and when I finally got them to have a formal meeting with me to discuss tutoring options they instead used the time to gang up on me and proclaim that I needed to provided them with more than just a doctors note (which they had) in order to help me. I enrolled him in an online school and handed in all paperwork that day. They hotlined me a week later
A: David's Answer: One cannot merely decide to "home school" a child without submitting a lesson plan to NYS Dept of Education & being approved for same. If you pulled your child out of school without being pre-approved for home schooling, then the school was correct to call in the report. You should immediately put the child back in school & then work with school officials and/or Dept of Education on a plan to home school (if that's still your intention). Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: One cannot merely decide to "home school" a child without submitting a lesson plan to NYS Dept of Education & being approved for same. If you pulled your child out of school without being pre-approved for home schooling, then the school was correct to call in the report. You should immediately put the child back in school & then work with school officials and/or Dept of Education on a plan to home school (if that's still your intention). Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
What kind of lawyer do I need to see, what is the process needed to change my name from my maiden name to my married name.,
Q: need to change my SS card which is my legal name. My first name is a nickname and that differs from the name on my birth certificate, marriage, license. My photo Id has the same name as on my birth certificate, first name being different than my SS card Medicare card, and filing taxes with IRS. Do I legally need to change my first name to that as the one on my SS card, and what about my marriage license. Do I need to get a new photo ID in my maiden name to get a new SS card.
A: David's Answer: I'm quite sure I'm confused on your objective, but if you are wondering whether the name reflected on your marriage certificate may be used for all other forms of identification, the answer is yes. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: I'm quite sure I'm confused on your objective, but if you are wondering whether the name reflected on your marriage certificate may be used for all other forms of identification, the answer is yes. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Visitation and custody agreement
Q: we are grandparents with visitation rights our Ex son Inlaw has joint custody our daughter has gone on the run with the kids and her new boyfriend we found out the kids are not in school they haven't been going to school the ex husband goes to court keeps fighting them to do something about it they keep telling him theres nothing they could do that he would have to go to Ohio and file a claim Ohio tells him thay don't have jurisdiction New York Does can he file kidnapping charges or missing persons report
my name is Julio Vega can you please help or point me in the right direction.
A: David's Answer: You'd need to clarify who has the actual case in disputing the mother relocating to Ohio, you or your ex son-in-law. When you say you have "visitation rights," do you already have a court order of visitation? If yes, then it appears the relocation would've violated the order. If no, then the question is for how long your daughter's been in Ohio? If it's been more than 6 months, then Ohio is where you'll need to file for custody and/or visitation. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
my name is Julio Vega can you please help or point me in the right direction.
A: David's Answer: You'd need to clarify who has the actual case in disputing the mother relocating to Ohio, you or your ex son-in-law. When you say you have "visitation rights," do you already have a court order of visitation? If yes, then it appears the relocation would've violated the order. If no, then the question is for how long your daughter's been in Ohio? If it's been more than 6 months, then Ohio is where you'll need to file for custody and/or visitation. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Will ACS take my baby boy even if the case has nothing to do with me?
Q: My sister is 15 soon to be 16, I'm 21 and have a 10 month old baby. My sister doesn't go to school only when she wants to, were in and out of court every month for her due to a PINS case, we were working with a MST Psych for 8 months but that case is now closed. My sister school contacted my mom to ask why she isn't assisting school, last thing they said was they will contact acs. Now I'm scared they will come and take my baby too if anything.. help what will happen in a case like this? Can my son be taken away from me also?
A: David's Answer: It seems extremely unlikely CPS would file a case against you - and even less likely your child would be taken away. Your mother, if anyone, would be the one potentially charged with educational neglect. It seems like you may wish to advise your mother to schedule a Superintendent's meeting or otherwise a meeting with school officials to determine what they're recommending she do. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: It seems extremely unlikely CPS would file a case against you - and even less likely your child would be taken away. Your mother, if anyone, would be the one potentially charged with educational neglect. It seems like you may wish to advise your mother to schedule a Superintendent's meeting or otherwise a meeting with school officials to determine what they're recommending she do. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Subscribe to:
Posts (Atom)