David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 19
  1. Can we get a court order to allow us to contact my husband's mother

    Answered 12 months ago.

    1. David Ivan Bliven
    2. Edwin Drantivy
    3. Mary Katherine Brown
    4. Kelly Scott Davis
    4 lawyer answers

    Per your post yesterday, you are posting your question in the wrong category. I'm just trying to save you time by pointing you in the right direction. Since it is your brother-in-law's house & his phone, he is not committing a crime such that you have a remedy in Family Court. Once again, you're encouraged to re-post your question in the Elder Law category to see if there's a remedy there.

    8 lawyers agreed with this answer

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  2. My wife has decided she wants a divorce. We rent a house, 3 kids. Can she make me leave the house if I don't want to?

    Answered 6 months ago.

    1. David Ivan Bliven
    2. Bruce Provda
    3. Peter Christopher Lomtevas
    3 lawyer answers

    Unless there's domestic violence (or something close to is), then usually no one needs to leave while the divorce is being worked out. If you own the house, it will generally be sold, so at that point you'll both need to move. As for "working things out," you may approach her with the idea of counseling or mediation, but that's voluntary on her part. Schedule a consultation with a NYC Divorce attorney for a full assessment.

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  3. Can my mother (custodial parent) shorten my visits with my father without consulting a lawyer?

    Answered 7 months ago.

    1. David Ivan Bliven
    2. Eric Edward Rothstein
    3. Bruce Provda
    4. Marco Caviglia
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    It really depends on what the visitation order says. If the order says "8pm drop-off," then Mom's arguably violated it. But rather than cause more issues with a violation case, I suggest your Dad try either speaking to her or writing to her and point out the discrepancy and ask to revert to the order. If she refuses, then your Dad will need to file a violation petition.

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  4. Does having a temporary order of custody, have any weight in determining the outcome of my custody trial?

    Answered 10 months ago.

    1. David Ivan Bliven
    2. Peter Christopher Lomtevas
    3. Jack Richard Lebowitz
    3 lawyer answers

    Yes - having temporary custody is indeed a factor the Judge will consider at the ultimate custody trial. This is because stability in the child's life is a specific factor which must be weighed. That said, there are numerous other factors which must be considered as well. For a full assessment, you're best advised to schedule a consultation with a NYC Child Custody lawyer.

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  5. Can I request supervised visitation if I cannot find and serve non-custodial parent and am afraid NCP will abduct our child?

    Answered 10 months ago.

    1. David Ivan Bliven
    2. Sean Thomas Wright
    3. Ralph Duthely
    3 lawyer answers

    There's not really anything you can do in advance because he would need to be served with a summons & if he's not in the country, you can't serve him. That said, upon his return, if he files, you may counter-file for an order of protection (if warranted) and a request that his visitation be supervised. Nevertheless, for a full assessment, please schedule a consultation with a NYC Child Custody attorney.

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  6. My husband and I have been separated for a year. We signed and notorized a divorce settlement agreement.

    Answered 6 months ago.

    1. David Ivan Bliven
    2. David Alexander Browde
    3. Philip Adam Kusnetz
    4. Matthew William Hoffmann
    4 lawyer answers

    Preliminarily, I'm concerned that you executed a "settlement agreement" but no case is actually pending yet. Usually, one "settles" a case which has been filed. In any event, whether the agreement is valid & enforceable depends on what it says. This, you'd need to take it to an attorney for a review of same. As such, call a NYC Divorce attorney to schedule a consultation.

    8 lawyers agreed with this answer

  7. Can i sue my boyfriend for cheating on me

    Answered 8 months ago.

    1. David Ivan Bliven
    2. Peter Christopher Lomtevas
    3. Eric Edward Rothstein
    4. Louis Lawrence Sternberg
    5. Marco Caviglia
    5 lawyer answers

    You can sue him for child support, assuming the child is his. That said, I doubt you'd have any claim for breach of contract due to the lack of any "bargained-for exchange of things of value." Moreover, any emotional distress would have to be more than merely getting upset - it would need to be a serious psychological conditional attested to by your mental health professional and linked to the incident (i.e., an extremely hard burden to prove). If you're interested in suing for child support,...

    8 lawyers agreed with this answer

  8. Do I need an attorney to go over separation agreement if going through mediation?

    Answered 8 months ago.

    1. Jean M. Mahserjian
    2. Maria C. Tebano
    3. Jayson Lutzky
    4. Peter Christopher Lomtevas
    5. David Ivan Bliven
    6. ···
    9 lawyer answers

    Yes, you're highly advised to have it reviewed by an independent attorney. While a mediator may see things one way, an attorney who's on "your side" may give you different advise. As such, schedule a consultation with a Putnum/Westchester Divorce attorney for a full review & assessment.

    8 lawyers agreed with this answer

  9. I am married 3 years now.My wife works. She is an alcoholic.I have the house under my name only. Can she sue me for alimony?

    Answered 9 months ago.

    1. Jean M. Mahserjian
    2. Jayson Lutzky
    3. David Ivan Bliven
    4. Brad S. Margolis
    5. Byron A. Divins Jr.
    6. ···
    6 lawyer answers

    I disagree with any absolute analysis that she definitely won't get maintenance or any share of the house. More facts are needed to complete the analysis. While courts are reluctant to grant maintenance in such a short-term marriage, there is ample caselaw awarding maintenance under certain circumstances, for instance where one spouse earns well into the 6-figures. Moreover, if the house was bought during the marriage, then it's marital property subject to division. As such, you're best...

    8 lawyers agreed with this answer

  10. Can father ask for his Termination of Parental Rights from a Child is Special Needs because of financial expense ?

    Answered 11 months ago.

    1. David Ivan Bliven
    2. Matthew Thomas Majeski
    3. Peter McGrath
    3 lawyer answers

    The short answer is no, the father cannot terminate his own parental rights. If he works for the government, then he's a W-2 employment, and the basic child support will be an easy calculation (17% of his adjusted gross income). The father will also be obligated to pay his share of unreimbursed medical, educational & child care expenses. You're best advised to schedule a consultation with a NYC Child Support attorney for a full assessment.

    8 lawyers agreed with this answer

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