Skip to main content
David Ivan Bliven
Avvo
Pro

David Bliven’s Answers

5,960 total


  • What is the law (CPLR) in NY that Plaintiff's attorney submits the proposed Judgment of Divorce?

    Received a document from someone and it's written by an attorney who states "with respect to the complainant's claim regarding the Judgment of Divorce, it is routine practice, INDEED THE LAW that the plaintiff's attorney, in a matrimonial action s...

    David’s Answer

    You won't find it - there is no statute or regulation pertaining to same. Either side may submit the Judgment - indeed, if the other party disagrees with the proposed judgment, s/he may submit a counter-judgment. Schedule a consult with a White Plains Family Law attorney for a full assessment.

    See question 
  • Can a child support order by default be modified just 2 months of it being written?

    In May a support magistrate made an order by default because my son's father had to be thrown out of the courtroom because he refused to follow the court's rules and continuously disrupted the proceedings. He then filed a modification petition. Hi...

    David’s Answer

    The only grounds for modification are: (a) 3 years have passed, (b) there's been a 15% change in income, or (c) a substantial change of circumstances has occurred. The fact that the prior order was done on default is not necessarily grounds for modification, but the allegation of increased visitation time potentially is. Schedule a consult with a Bronx Family Law attorney for a full assessment.

    See question 
  • Can ACS keep your ACS case open after making a decision n giving services

    I had an case on hygiene with ACS for my 9 year old they found me indicated and gave me services now two mths later the ACS lady comes back n her supervisor told me my case still open n that they still investigating me I did fpp service n they gav...

    David’s Answer

    Their case is still "open" because that's the only way in their system they can continue giving you services directly. While your cooperation with them is voluntary at this point, the theoretical purpose of them offering services is to prevent your child(ren) from being deemed a "neglected child." Schedule a consult with a Bronx Child Abuse defense attorney for a full assessment.

    See question 
  • What can be done if NCP does not want to return child at designated court ordered time?

    The visitation order says Friday after school till Sunday 4pm alternating weekends. NCP has already expressed to me that he will be returning her at 6pm on Sundays instead and I have not agreed to that. The judge said 4pm on the court order. He ha...

    David’s Answer

    If the order says 4pm, then any changes must be approved by you or the Judge. Thus, if he violates the order, file a violation petition. Schedule a consult with a Bronx Family Law attorney for a full assessment.

    See question 
  • Friday after school pick up when there is no school that day?

    The temporary visitation order I recently received says father will get alternating weekends from friday after school to sunday at 4pm. That is all that is says and nothing else has been discussed as of now. Next hearing is in October. Her after s...

    David’s Answer

    If the child was previously going to the after-school program during the school year, and continues to go to the after-school program (after camp), then nothing has changed. It would then be a reasonable construction of the order that the pick-up time remains the same. Nevertheless, I'd advise to confirm same with the Father. Schedule a consult with a Bronx Family Law attorney for a full assessment.

    See question 
  • How can my daughters father get hit with a acs case when my daughter isn't part of acs

    Had a pyshical fight in front of my children. My two kids I have acs case with was removed from my care but my daughters father have full custody no acs Case with my daughter. Had a child safety conference on Wednesday. Nothing was said about my d...

    David’s Answer

    At this point its speculative as to why ACS called the Father. It may be simply to arrange to see the child and/or inspect his home. By regulation, if an investigation is opened by ACS, they must give a letter to the parent called a "notice of existence." Schedule a consult with a Bronx Family Law attorney for more info.

    See question 
  • Can NCP buy sparklers for 6 year old? We live in the Bronx.

    While my 6 yr old was talking on the phone with her father I overheard that he had bought her sparklers for them to use on his next visitation day. Our daughter is 6 yrs old. Isn't this dangerous for a small child? Also I thought these things were...

    David’s Answer

    First, I'd advise to communicate your concerns to the father, even if it's just via e-mail. Second, if he either doesn't reply or does so but dismisses your concern, then address this with the Judge on the next court date. Schedule a consult with a Bronx Family Law attorney for more info.

    See question 
  • Can my child's father change her last name without my consent?

    the father is not involved in her life and does not pay child support currently. We have an upcoming paternity/support case( we were never married and he didn't sign the birth certificate) and all of a sudden he wants to change her last name to hi...

    David’s Answer

    He cannot change the child's name within a paternity case, though consents to same may be recorded. Ultimately if there is a dispute on the name it would need to be rectified in a "name change" proceeding brought in civil court. Schedule a consult with a Bronx Family Law attorney for more info.

    See question 
  • What part of doctor bills am I responsible for if order states I am responsible for 100%. but the child has insurance in NYstate

    custodial parent is asking for doctor payments before submitting to childs insurance. it seems this dr. is a friend of their family. and they are claiming to they are making cash payments to is dr. but not submitting this through insurance. suppo...

    David’s Answer

    Most likely the order states "unreimbursed" medical expenses. This implies that if the expenses get reimbursed, then there is nothing you'd need to pay. Thus, communicate back to the custodial parent & request that she submit the bill to the insurance & to let you know the amount you'll need to pay after they process the claim. Schedule a consult with a White Plains Family Law attorney for a full assessment.

    See question 
  • How do I get my bridal set (Engagement ring & ring given at wedding) back if we live in different states & are now broken up?

    My High School sweetheart reconnected with me over Facebook in April-May 2011. We lived in The Bronx, N.Y when we were in H.S but she has since moved to York, South Carolina, a surburb of Charlotte, North Carolina. It was a long distance friendshi...

    David’s Answer

    You would need to sue her in civil court. If you gave her the ring in So. Carolina, you'd likely need to sue her there.

    See question