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David Ivan Bliven
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David Bliven’s Answers

5,396 total


  • In NYC, when does "martial property" end? When the papers get filed with the clerk or when she gets served with the papers?

    Thanks for your help

    David’s Answer

    Generally the accrual of marital property & assets gets cut-off as of the day you file the case. There are some exceptions to this general rule having to do with valuation dates of certain assets. You're best advised to schedule a consult with a NYC Divorce attorney for a full assessment.

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  • What are my rights when going through a trial separation with one child?

    My husband is in Alabama with a job, and my daughter and I are living in Middletown, NY with family. I'm currently unemployed but would like to go back to school for my masters in the spring. I'm already seeking out social services, but I would li...

    David’s Answer

    If you apply for social services for the child, then DSS will sue the father for child support anyway. Since you're likely to get more support directly from the father than you'd get from public assistance, I'd suggest filing a petition for child support (if the father's unwilling to provide the presumptive amount). Generally one should always seek work if they have a child to raise, unless your husband is earning enough to full support both you & the child. Nevertheless, you should schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.

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  • My ex husband payes child support and hasn't seen my daughter in 2 years. Does he hold parental rights?

    My ex husband payes child support (appointed by the courts and it's automatically taken out of his check), however he has not been involved in my daughter's life for the past 2 years. She is 5 years old and knows who he is but doesnt relate to him...

    David’s Answer

    Until the father's right are terminated, you still would need his express permission - or court permission - in order to relocate. On the facts provided, you are best advised to consider filing for adoption. Call a Bronx Adoption attorney to schedule a consult for a full assessment.

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  • Should i give my son father full custody of my son so his girlfriend can add my son on her section 8 lease?

    I live in st lucia and my son recently went to live wit his dad and stepmom in NY . My son was born in queens NY his stepmom wants to add my son and his dad to to her lease for section 8 and shes asking me to grant my son father full custody so ...

    David’s Answer

    There is no such thing as "temporary" custody or guardianship, unless you have a settlement agreement which specifies a basis upon which a party may file to reverse the order. Even then, it's not so simple to just "get custody back." There may be another way around it, however, such as a notarized letter from you (for Sec. 8 purposes) confirming the child's currently residing with the father. Call a Westchester Child Custody attorney to schedule a consult for a full assessment.

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  • We have joint legal custody and I have residential custody. My question is can my ex just show up at daycare and pick my son up

    Even though it is not his parenting time? The daycare said that if the father shows up they must release my son. I have provided them with our order that outlines his parenting schedule. It clearly states dad picks up m/w 5pm-7pm. So why wld day...

    David’s Answer

    Here's a better way of handling it - if you have joint custody, it presumes frequent & meaningful communication between the two of you. So communicate with the father & let him know that if he wishes to pickup the child from daycare on a day which isn't his, just to let you know in advance. The two of you should be seeking to work out these issues - otherwise you really don't have joint custody & thus one of you should then be filing a modification petition. Call a Bronx Child Custody attorney to schedule a consult for more info.

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  • What age does a child have to be, to say he/she does not want to visit with other parent in ny. state

    at what age can a child say he/she does not want to go on visitation with the non-custodial parent, In ny state

    David’s Answer

    There is no bright-line rule, but generally if a child is high-school age, the Judge pretty much goes along with whatever his/her preferences are. That said, one would need to assess many other factors, such as the nature of the agreement, existence of any alienation, age/development of the child, etc., to render a definitive opinion. Schedule a consult with a Putnum/Westchester Child Custody attorney for a full assessment.

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  • Divorce filed but husband doesn't want to divorce. How can this affect me if I want to remarry?

    I filed divorce but my husband doesn't want to divorce (Muslim Family Law). My marriage contract doesn't include permission for me to divorce my husband. That's why I have to file a case and it might take unto 2 years to settle. In current situati...

    David’s Answer

    In short, you cannot re-marry until you get divorced first. As such, you'll need to pursue your divorce case & if he contests grounds, you may need to have the Court conduct a grounds trial (which should be an easy trial if you filed under no fault grounds). Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • Pre-Martial Funds of my dad transferred back to him during marriage. Are they subject to equitable distribution?

    I am going through a divorce. My wife's attorney did not serve discovery request on me during the time period allocated. I was recently informed that my wife changed lawyers (3 days before scheduled ESP). Her new lawyer is claiming to file to a m...

    David’s Answer

    Hopefully the transfer was not done during the divorce itself, as you would've arguably run afoul of the court's automatic orders. Otherwise, she's clearly entitled to the disclosure on the issue - whether she's ultimately able to treat the funds as marital or not would take an analysis of where the funds came from, whether the account was separate or joint, etc. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • How long is Divorce Judgement valid in nyc? Received postcard, but never went in pick up certificate or fill out notice of entry

    Filed the paperwork for a no-contest divorce, received the postcard with the judgement, but was not aware of the "notice of entry form" that needed to be sent in to finalize the divorce. This was in January of 2013. Is the original judgement still...

    David’s Answer

    The notice of entry merely sets the time for which the other side would need to appeal, or move to vacate their default (if it was done on default). Thus, you should send a copy of the judgment along with notice of entry to the other side as expeditiously as possible. Call a NYC Divorce attorney for more info.

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  • Will a filed uncontested divorce go through without the notice of continuation of health care coverage signed

    My husband and i worked with a mediator and reached a settlement that we signed and notarized and i delivered upon with in 10 days of signing. we also signed and notarized all other papers needed. he didn't sign one, the paper that stated he was ...

    David’s Answer

    Was the summons accompanied by the notice? And/or was it contained within your stipulation of settlement? If it was one of those, you're safe. Otherwise, this is jurisdictional & the Court will require proof he received the notice. Call a NYC Uncontested Divorce attorney for more info.

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