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)
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, March 30, 2015
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)
My wifes ex filed for a temporary order of protection against me toward my step girls. Can i get a court appointed attorney?
Q: My wife and I have been married for past 8 years and she has been divorced for the past 12 years. We have custody of her 2 teenage girls. Their father does not like that I am an active parent in their lives and is also trying to get out of paying custody so he filed for a temp. order of protection against me toward them after a verbal argument I had with one of the girls due to their attitudes and I grounded them. He then filed for a change of custody against my wife. So, we have 2 separate court cases going on. I had a lawyer represent me through so far but nothing is solved yet and I can;t afford it anymore. Can I apply for a court appointed lawyer to represent me since we have not gone to trial yet? There's only been hearings so far.
A: David's Answer: You can ask the court to assign you a lawyer, assuming you're financially eligible. The Court will not only consider income (generally below $40-45,000/year) as well as property/assets. Schedule a consult with an Orange/Westchester Family Law attorney for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You can ask the court to assign you a lawyer, assuming you're financially eligible. The Court will not only consider income (generally below $40-45,000/year) as well as property/assets. Schedule a consult with an Orange/Westchester Family Law attorney for more info. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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