Skip to main content
David Ivan Bliven
Avvo
Pro

David Bliven’s Answers

5,396 total


  • My ex boyfriend and his mother don't let me speak or see my son. What can I do?

    I had to leave the apartment because I was mentally and emotional abused by my ex boyfriend and friends. I left my son because I was scared of him calling for an Amber alert and get me arrested. I had no place to go no friends so I wanted to make ...

    David’s Answer

    You'd need to get a specific court order of access - and then move to enforce it if he violates the order. If he's out-of-state, you'd also need to serve him with said order if its on default. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

    See question 
  • Will the court able to give my child's father phone number?

    lost my child's father contact number and I have a joint custody with him for my child

    David’s Answer

    If they have it on file, possibly. You'll need to goto the Court with photo ID. Call a Bronx Child Custody attorney for more info.

    See question 
  • Will I have to support my wife? Will some of these facts help me in gaining full custody of our one year old?

    I want to file for divorce. Wife has been out of work for four years and refuses to work because she's unable to physically perform her profession and refuses to go to school or get an entry level job. She uses marijuana on a regular basis and wit...

    David’s Answer

    If you believe these facts are strong enough to constitute child neglect, then you should remove yourself & the child from the situation & then file for divorce & custody. You can file an "order to show cause" in your divorce case asking for interim custody. In the meanwhile, keep a paper-trail with you wife & note your objections to her conduct. Don't move out, however, without speaking to a lawyer first. Call a Bronx Child Custody attorney to schedule a consult for a full assessment.

    See question 
  • I am an unmarried mother and want to move out of state with my child. What are the ramifications of this..

    Can I move safely without interference

    David’s Answer

    You will either need express permission from the father, or court permission. If you move without either of those, the Judge could order you to return the child to the jurisdiction at your expense. If the father's not consenting, then file a petition for custody/relocation. Schedule a consult with a NYC Child Custody attorney for a full assessment.

    See question 
  • If law guardian wants 50 50 physical custody to make mother get support but forensic says sole to dad what will judge decide?

    Child is autistic mother shows no affection for child just wants money law guardian wants mother to have money to live off of and wants 50 50 custody but father will watch child most of time. Forensic says mother is unfit. What would judge do ? Ev...

    David’s Answer

    If forensic says M is unfit, then I'd highly advise father to gather evidence buttressing the psych's findings. If he can present both at trial, it seems like he'd have a strong case. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

    See question 
  • Looking for a affordable lawyer for visitation. I don't work n only collect SSI.

    My child is being forced by the courts to stay at his father house for visits at abusers home. Child has told his attorney and his attorney flipped on him n presented to the courts that he does want to see his father. So today I have to force my s...

    David’s Answer

    Lawyers on this site can't directly solicit clients. Thus, you may use the "Find-a-Lawyer tab on this site to locate an attorney. Or you may access the sites: legalmatch, lawyers.com and/or Findlaw.com. Ask before scheduling a consult if the lawyer offers a sliding scale and what the range of his/her fees are for a visitation case.

    See question 
  • Child removed from Child Support Roster but support continues. How do I stop support?

    Child Support for 3 children was $303 per week. Child Support Agency enforces COLA with new payment at $335 weekly, listing only 2 children and omitting one child who has reached Majority age. PROBLEM: My objection to the COLA was that a downward...

    David’s Answer

    How long ago was the decision from the Magistrate? If less than 30 days ago, then you may be able to file an Objection appeal. If more than that, then your only shot now is to file a downward modification petition. Schedule a consult with a Westchester Family Law attorney for a full assessment.

    See question 
  • Can my husband kick me out?

    I'm thinking of leaving my husband and he will not take it well. He has a bad temper. We live in an apartment. His name is on the lease, not mine. We have a 6 month old baby. Can he just throw me out on the street just by calling the cops? What ar...

    David’s Answer

    No, one cannot be summarily removed from a marital residence. That said, if you're thinking of leaving, then my advise would be to secure a residence elsewhere first, then break the news to him. If he gets angry, then you have the new place to go to anyway. Schedule a consult with a Bronx Divorce attorney for a full assessment.

    See question 
  • Should I mention other parents record in custody case?

    The other parent has full custody of my child and been arrested for a crime involving narcotics but the other parent has not been proven guilty yet. Is this crime worth mentioning even though parent has not been proven guilty yet? Could this crime...

    David’s Answer

    If you wish to go for custody, then throw in everything & the kitchen sink. It's questionable whether the arrest itself would be a valid basis for a switch of custody, but there are presumably other reasons you're requesting the switch. Schedule a consult with a NYC Child Custody attorney for a full assessment.

    See question 
  • How can I get a paternity test for a child who is not mine and where the mother refused a judges order previously to take one?

    In 2011, after detailed testimony during a Fact Find Hearing, where the mother testified that she never told the child who her father was, Judge determined that a Paternity test was in the best interest of the child. Judge ordered ...

    David’s Answer

    If there is nothing stating you are the legal father of the child, you maintain no relationship with the child, she isn't asking for - nor are you paying - child support, and your name isn't on the birth certificate, then you really don't need to do anything if you believe you're NOT the father. You can just walk away from the situation. If you believe you ARE the father & wish to enforce visitation rights, then you can file your own paternity petition & file a contempt motion if the mother disregards a further order. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

    See question