David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 20
  1. Two court orders with different fathers, What are my chances of having the weekends at my house for all my children be the same?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Jack Richard Lebowitz
    3. David Ivan Bliven
    4. Jayson Lutzky
    4 lawyer answers

    Write the 1st father a letter/e-mail which will serve the confirm the weekend his visits pick-up. State that his visits will pick-up the week after all your children are with you (but don't necessarily say that's your reason for stating that). See if he has any objections - ask that he get back to you if he does. If he does, one of you may need to go back to court on a modification petition.

    9 lawyers agreed with this answer

  2. I have sole legal and physical custody of my daughter i plan on taking a trip to florida soon do i need the father's permission?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. Deborah G. Fiss
    3. Matthew Thomas Majeski
    4. Edwin Drantivy
    5. David Ivan Bliven
    6. ···
    6 lawyer answers

    Yes, if the trip would interfere with his visitation time. If you do have an order & wish for the Court to give you permission to take the trip, file a modification petition. If you don't have an order, file a petition for custody. For a full assessment, schedule a consultation with a NYC Child Custody lawyer.

    9 lawyers agreed with this answer

  3. The NCP has given me consent to relocate & is is willing to sign documents. What documents do I need and how do I proceed?

    Answered about 1 year ago.

    1. David Ivan Bliven
    2. David Zaslavsky
    3. Brad S. Margolis
    4. Ava G. Gutfriend
    4 lawyer answers

    You'll need to do a modification to your prior divorce agreement. There's particular language which is necessary, so it's best to have it done by a lawyer. You are also best advised to have the agreement incorporated into a Family Court order. Then when you get to the new state, you can register the order there. For a full assessment, schedule a consultation with a NYC Child Custody lawyer.

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  4. Can I move with my kids within the mileage in my divorce decree (50 miles) even if the father does not agree?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Douglas Shaun Kepanis
    3. David Alexander Browde
    4. Paul Karl Siepmann
    5. Lori Noel Bovee
    5 lawyer answers

    This issue has been litigated & appellate courts have ruled that in absence of greater specification, the radius clause is defined as a straight-line, or "as the crow flies." Thus, you should confirm in writing with the father the new address and your intentions to move despite his objection, as you believe you are in conformance with the agreement. For a full assessment, schedule a consultation with a Bronx Divorce lawyer.

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  5. What happens if you loose your job and are unable to pay child support? Can you be put in jail?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Eric Edward Rothstein
    3. Peter Christopher Lomtevas
    3 lawyer answers

    There is always the possibility one can be jailed on a finding that one willfully violated an order of support. At your trial, you must prove: (1) you lost your job through no fault of your own, and (2) you've made diligent efforts to find new work commensurate with your prior job. You will not generally be successful proving either element with just your say-so. You need documents showing you were laid-off, and you need to produce a job search diary recording 30-40 efforts to find work...

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  6. Can my husband legally withhold money from me and restrict any access to pay for my bills??? Divorce/support matters.

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Marco Caviglia
    4. Morghan L Richardson
    4 lawyer answers

    You can try filing first in Family Court for spousal/child support if you intend to imminently separate from him. Sometimes, however, the Court will refer such matters to Divorce Court (Supreme) if the parties are still residing together, in which case you can make an interim application for spousal support, child support & attorneys fees. Your "proof" is simply the income he records on his 2012 W-2 & tax return, which he's required to produce. In any event, for a full assessment of your...

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  7. Child Custody- Who Pays Law Guardian Fee's?

    Answered over 1 year ago.

    1. Mary Katherine Brown
    2. David Ivan Bliven
    3. Lourdes Pilar Rosario
    4. Edwin Drantivy
    5. Marco Caviglia
    6. ···
    6 lawyer answers

    If you are in Family Court, they tend to be ALOT more lenient toward appointing Attorneys for Children and having them reimbursed by the State. If you're in Supreme Court on a divorce, then it'll likely be private pay. The very rough guidelines (though no rule is formalized) is that one qualifies for appointed counsel if one's household/family income is below $68,000 for a family of 3. Thus, if you're supporting her, the child & yourself, you'd appear to qualify (again, at least in Family...

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  8. My husband is in love with another woman and wants an uncontested divorce. I have nothing. No job or income. What should I do?

    Answered about 1 year ago.

    1. David Zaslavsky
    2. David Alexander Browde
    3. Eric Edward Rothstein
    4. David Ivan Bliven
    5. Edrea Meryl Grabler
    5 lawyer answers

    You may have a claim for alimony (i.e., maintenance). You thus owe it to yourself to at least schedule a consultation with a NYC Divorce attorney for a full assessment.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I post Transcripts Online?

    Answered over 1 year ago.

    1. Terry David Horner
    2. David Ivan Bliven
    3. Eric Edward Rothstein
    4. Andrew Lawrence Weitz
    5. Peter Christopher Lomtevas
    6. ···
    6 lawyer answers

    If you feel the Judge has behaved in the fashion you've described, there are more constructive ways to loge your complaint. First, you may file a complaint with the NYS Commission on Judicial Conduct. Second, you can & should appeal any order from the Judge you believe is wrong. Not only can this result in reversing a bad order, but if the appellate court agrees the Judge was biased, they have the power to direct that future proceedings be held before a different Justice (though this is very...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Have an order of protection from Family Court against my husband, I recently received a letter from him. Will he be charged?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. David Ivan Bliven
    3. Jay Bodzin
    4. Aaron Scott Hill
    4 lawyer answers

    The question is whether the order of protection includes a "no contact" provision. If yes, and he was personally served with a copy of the order, then this would appear to be a technical violation of the order. That said, because the substance of the letter was not intended t harass you, the Judge would likely let him off with a warning (perhaps after spending a day in jail if a warrant needs to be issued).

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

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