Skip to main content
Joseph Harris Nivin

Joseph Nivin’s Answers

3 total

  • What can i do to prevent my child from using drugs and absenting from school>

    Joseph’s Answer

    If you are truly afraid that your son will harm you, then you should contact the authorities. You can also file for an order of protection in Family Court. Furthermore, as stated by my colleague, you can file a PINS petition. Be aware that you will be required to work with an agency, who will provide services to your family, before you get to see a judge. Hopefully this answer is helpful to you.

    See question 
  • The father of my son is letting his personal life interfere with his communication with his son

    Joseph’s Answer

    You should definitely create a paper trail to show that you are making efforts to ensure that the father has parenting time: texts, e-mails. Keep a journal of every time that nobody shows up to pick up your son for the father's scheduled parenting time. Bring those texts and e-mails to court along with your journal.
    In order for me to accurately answer your question, however, I would need to know what you mean by "when things don't go his way." I think you can expect the father to use those events, when "things don't go his way," to build his case that you are denying him his son.
    You need to figure out what you are seeking in this case. Is the father seeking any form of custody, legal (decision-making) or physical? If not, are you seeking modify his schedule of parenting time?
    I hope that this was helpful.

    See question 
  • My ex and I have a child together and he filed for visitation and I filed for custody and I also filed for an order of

    Joseph’s Answer

    In custody cases, courts are obliged to consider the presence of domestic violence. The standard in a custody case is best interests of the child, and the father's instability will be a highly relevant factor. Unless the cases settle, the Court will hold something called a "fact finding hearing," where it will determine, based upon the testimony and evidence presented, which party is more credible. With regard to the order of protection, if the Court finds that the father committed the acts which you alleged, it will determine whether there is a need for an order of protection. The Court may also order the father to participate in services. Good luck.

    See question