Q: I currently have a confidential address through NY state because of domestic violence. My ex is currently in prison, I have a 7 year no contact restraining order in place once he is released, and I have sole custody. However, CPS contacted my ex and his family based on an educational neglect charge. In the process they gave them personal information including my address. Can they legally do this?
A: David's Answer: If they were on notice of your order of protection and the fact that you wanted your address confidential, then they should not have done this. At the least, you should file a complaint against the caseworker who did this. You may also have the basis for a lawsuit, though should consult a lawyer before proceeding further. Call a Family Law attorney in your area for more info. - 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.
Monday, August 11, 2014
Can custodial parents paying support to non custodial parents get their money returned to them?
Q: As the non custodial parent my son moved in with me in June 2013. I paid support to his mother the custodial parent at that time.
What I need to know is will the court return the money I paid to the courts for support while I was the custodial parent?
A: David's Answer: I'm not sure I understand why the court is trying to "find her." Usually the court does nothing at all to locate a party - that's usually the responsibility of the party who filed the petition. Thus, you may need to hire a P.I. to locate her. Ultimately the Magistrate can temporarily suspend the order of support pending valid service of the summons. Schedule a consult with a Family Law attorney in your area for more info. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Custody was modified in March of 2014, and I became the custodial parent.
I continue to pay support to the non custodial parent.
I have had 3 court dates to end the support payments I made to courts for the non custodial parent.
Each time the court says it cannot find the non custodial parent and is going to continue to collect the child support.
If the court ever finds her, will I be allowed to have the money paid to the court for the support of my son who lives me and with whom I have custody, who did not benefit from the money the state collected?
I continue to pay support to the non custodial parent.
I have had 3 court dates to end the support payments I made to courts for the non custodial parent.
Each time the court says it cannot find the non custodial parent and is going to continue to collect the child support.
If the court ever finds her, will I be allowed to have the money paid to the court for the support of my son who lives me and with whom I have custody, who did not benefit from the money the state collected?
Additional information
Sorry my question was not clear.What I need to know is will the court return the money I paid to the courts for support while I was the custodial parent?
Friday, August 8, 2014
What would be proper to do in Family court matter?
Q: I'm about to file Emergency petition for violating Court order and ask for Sole custody and enforce returning child to my house for violating Court order. I have Physical and residential custody. Court order ordered that mother can not keep the child more then 3 consecutive weeks during Summer vacation. There is a schedule for child vacation with me and the mother. Mother did not drop off child on scheduled date and she's keeping the child for 6th consecutive week with her. There is no response to my text messages, emails nor phone calls from her. I was able to talk to the child only ones in 35 days and that was night before scheduled drop off 3 weeks ago. There is even more violations of Court order prior Summer vacation Court order violation. What petition should by proper to file ?
A: David's Answer: First, you should consider requesting the police to assist in returning the child. Second, you'd look to file an order to show cause as well as a writ of habeas corpus. The writ is the order that she immediately return the child to you pending further proceedings in court. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.-- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: First, you should consider requesting the police to assist in returning the child. Second, you'd look to file an order to show cause as well as a writ of habeas corpus. The writ is the order that she immediately return the child to you pending further proceedings in court. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.-- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am bringing my ex back to family court for child support reduction...
Q: Will be she solely responsible for her atty. fees or will I. Can she pay for my retainer?
A: David's Answer: Generally each party is responsible for paying his/her own lawyer's fees - even more so in Family Court. That said, if there's a great disparity of income, the less-monied party may file such a motion. For a full assessment, schedule a consult with a Dutchess/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Generally each party is responsible for paying his/her own lawyer's fees - even more so in Family Court. That said, if there's a great disparity of income, the less-monied party may file such a motion. For a full assessment, schedule a consult with a Dutchess/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
How do I change my daughter's hyphenated last name to just the second part of the name?
Q: My daughter's name on her birth certificate is my (her mom) last name then hyphen and then her father's last name. Her father and I just got married and I am changing my name to his last name and she would like her name to be the same. We just want to drop the first part of the hyphenated name.
A: David's Answer: If you & the father agree, you can just go to the Clerk's Office where her birth certificate is filed & do an amended birth certificate. For more info, schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If you & the father agree, you can just go to the Clerk's Office where her birth certificate is filed & do an amended birth certificate. For more info, schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Thursday, August 7, 2014
When does numerous false abuse allegations against me by my son's dad/step mom become criminal?
Q: My ex n his new wife have accused me over 5 times of sexually abusing my son (now 9yo). The 1st when he was 5. After interview after evaluation, the court doc said dad lied-No repercussion. This was followed by several top'spot filed against me. They just didn't show up in court.
I had to "reestablish" my relationship with our child. Since then, I had gained physical custody. Dad was to visit every other. For 18th after the switch, not a word from dad. He then went to court, filed against me again stating I have kept him away. Again easily proved. He now has temp sole custody and again filed a restraining order. He claims now I was at his home several times. I'm 1200 miles away. I have to be in NY, in court Aug 12 to again defend myself. Help available? Harassment? Recourse?
I had to "reestablish" my relationship with our child. Since then, I had gained physical custody. Dad was to visit every other. For 18th after the switch, not a word from dad. He then went to court, filed against me again stating I have kept him away. Again easily proved. He now has temp sole custody and again filed a restraining order. He claims now I was at his home several times. I'm 1200 miles away. I have to be in NY, in court Aug 12 to again defend myself. Help available? Harassment? Recourse?
A: David's Answer: Your first remedy would be to disprove the allegations at a trial in the Family Court. If you're successful, then you can sue him for abuse of process. That said, especially with the level of animosity involved here, I wouldn't advise "defending yourself" - retain a lawyer (or ask the Judge to assign you one). For a full assessment, call a White Plains Family Law attorney to schedule a consult.-- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, August 6, 2014
What happen if I sign my right away to a family member? Can they adopt her after I sign my right away?
Q: What happen if I sign my right away to a family member? Can they adopt her after I sign my right away? My mother has temp custody of my child.
A: David's Answer: Your may only sign a surrender of your parental rights in conjunction with an adoption proceeding. As such, your mother would need to file an adoption proceeding - you can then do a surrender of your parental rights. 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: Your may only sign a surrender of your parental rights in conjunction with an adoption proceeding. As such, your mother would need to file an adoption proceeding - you can then do a surrender of your parental rights. Schedule a consult with a Family Law attorney in your area for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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