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David Ivan Bliven
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David Bliven’s Answers

5,760 total


  • I wanted to know my rights to appeal and also why no one is taking in consideration how the child feels.

    I lost physical custody of my son to his biological father in 2014. The man has no income, no education other than High school, and no home of his own. His girlfriend pays for everything. I have a job, am currently working on my Masters in Manage...

    David’s Answer

    It would not appear you can appeal at this point, as you have 30 days from the date of the final order to file your notice of appeal (35 if mailed to you). You may be able to file for modification of the custody order, but more facts are necessary to assess your likelihood of success. Call a Dutchess/Westchester Child Custody attorney to schedule a consult for a full assessment.

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  • Just want to know what my options are....thank-you

    My husband and I are ready to divorce.we were married in the island of Jamaica in 2013. Although i make more money, most of the financial responsibilities are on me which has cause a struggle and a strain on the marriage. We have no assets or prop...

    David’s Answer

    You should proceed with the divorce & seek to enter into a stipulation of settlement which address all custody, support & relocation issues. If Father is disagreeing with the relocation & a compromise can't be reached, then you may need to have a custody/relocation trial before the Divorce Judge. Schedule a consult with a Rockland/Westchester Divorce attorney for a full assessment.

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  • Can me and the father contest the adoption if I was lied to and he wasn't notified?

    While I was in a drug program my son was in foster care my mother was supposed to get him but changed her mind and didn't tell me she had my aunt to get him i was told to focus on my sobriety and the family would help keep my children together whe...

    David’s Answer

    If you didn't surrender your parental rights, then you'd need to do one of 2 things: (1) if ACS/CPS was involved, then they probably terminated your parental rights - if so, you'd need to file a motion to vacate your default in that case; (2) if not, then you should file an appearance in the adoption case and seek to contest. For a full assessment, schedule a consult with a Bronx Adoption attorney.

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  • I need a lawyer to put in a transfer for me from NY to NJ

    I live in New Jersey and have been going back and forth to court for the past 4 years. I have full custody and the father has visitation. I just got the final order a couple of weeks ago. I want to retain a lawyer to help me get a transfer from Br...

    David’s Answer

    A transfer of what? Venue? If yes, then generally the case will stay in the original jurisdiction unless the other parent moves form that jurisdiction. If it's a relocation case, then I'd need more info as to what the "final order" was. Call a Bronx Family Law attorney to schedule a consult for a full assessment.

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  • What are my chances of getting a change of venue and keeping him away from my children?

    I was just served papers to appear in oneida county ny state by my ex. This concerns a family law matter in which my two sons, 12 and 14 live with me, as I have primary physical custody as the boys' father. However, I live in orange county which ...

    David’s Answer

    What court issued the original decree? If the case was originally in Orange Co., then you should file a demand to change venue. If the case was originally in Oneida Co., then it likely will remain there so long as she remains there. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

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  • How do I evict ex-girlfriend, retain custody & keep her older son away from my children? Can police make her leave immediately?

    Ex-girlfriend abandoned me and our children in NY to live with ex-beau in FL. After nearly 2 months, he kicked her out. She has a drug problem (opiates) and she smokes -- often near the children. She flew back to NY and ended up back with us, u...

    David’s Answer

    Is her name on the lease? If no, then she has no right to be there & if she doesn't leave, you may call the police. You should also file a petition for custody in Family Court. Call an Orange/Westchester Family Law attorney to schedule a consult for more info.

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  • Can I request a default judgment or other remedy to resolve this matter ?

    Several months ago I requested an RJI for the purpose of getting divorce. I am representing myself in this matrimonial matter. My wife did not show, however someone from her lawyer's firm came instead. It was agreed upon by the court referee,myse...

    David’s Answer

    If the attorney made an appearance in court (& most likely filed a "notice of appearance"), then the Court most likely won't approve a "default judgment." That said, you can always prepare the judgment package (or hire an attorney to do so) & simply serve the other side with it via Notice of Settlement. Call a Westchester Divorce attorney to schedule a consult for more info.

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  • My soon to be ex wife gave a false affidavit before a magistrate in India. Can she be tried for perjury in US?

    My soon to be ex wife is a US citizen and I am an Indian citizen. I recently discovered that she lied and submitted a sworn document before a magistrate in India that she is an Indian citizen. We got married in India and she filed for my immigrati...

    David’s Answer

    This may be a question better put to a criminal law attorney, but because the alleged crime occurred in a foreign country, you'd most likely need to file charges against her there. For questions on the divorce, call a Westchester Divorce attorney to schedule a consult.

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  • My husband and r ready to divorce but We got married in Jamaica N we live in ny I need some advice on how to start thx

    My husband and r r ready to divorce just after 3 yrs but we got married in Jamaica. I need some advice on how to start this process,, thx

    David’s Answer

    It doesn't matter where in the world you got married, so long as it was a legal marriage pursuant to the laws of that country. Most foreign marriages are recognized by NY. Thus, so long as you're both residents of NY, you can proceed to file the case here. Call a Rockland/Westchester Divorce attorney to schedule a consult for more info.

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  • Would the actions taken today be considered intimidation under the order of protection or harassment or something else?

    I have custody of my grandchildren. They have weekly supervised visitation with their father. These were going smoothly until today. The therapist talked to the children about the recent court proceeding in which it was said the children were nerv...

    David’s Answer

    • Selected as best answer

    It' hard to say this would be considered "intimidation" especially since it was done in the context of therapy. You're probably better off asking for an amended order stating neither the father nor the therapist shall discuss any aspect of the court proceedings with the children. Call a Putnum/Westchester family Law attorney for more info.

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