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David Ivan Bliven
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David Bliven’s Answers

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  • What petition do I file?

    My son's father and I have joint custody of my son. He has physical custody. However he will not allow my son to go on vacations with me. I lived in a different state for 5yrs and he never once brought our son to visit me. I moved back to the same...

    David’s Answer

    If your current order/agreement does not carve out time for vacations, then it should. You will either need to do an out-of-court parenting agreement and/or file a modification petition. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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  • Can I move without the other parents permission?

    hello I'm the mother and I have joint custody with the father however my daughter lives with me 24/7 and I make ll the important decisions pertaining to my child, I want to move out of the state of New York to Providence, Rhode Island to better my...

    David’s Answer

    No - especially in a case where you have joint custody, you definitely cannot move without the father's express consent (and in such event, it should be reduced to a written parenting agreement, at the least). Otherwise, you will need to file a custody/relocation petition with the Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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  • Is NCP supposed to notify me when child gets hurt during his visits?

    My daughter who is 6 yrs old has day visits every other Saturday with her Father. He lacks common sense and I always fear of her getting hurt while in his care. This has happened a few times when he used to visit her when she was little before we ...

    David’s Answer

    The father should really communicate those things to you - and you vice versa. If he's not, then you can certainly move to modify the custody/visitation order & include that provision in the order. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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  • Why if I am sending child support payments to my ex- wife I have received a summoned tto appear in court

    My wife and I agree to a certain amount. And now I received a summon from the court. Don't also understand the paper work should I contact a lawyer? This is my first time.

    David’s Answer

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    Preliminarily, if you received a court summons its highly advisable you consult an attorney. That said, merely because the mother had previously agreed to a certain amount doesn't mean she can't ask for more from the courts - or just have it paid thru the courts. Call a Bronx Child Support attorney to schedule a consult.

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  • Can a child Children Service use your past history against you after they hired you??

    I was a good foster parent who did a great job ACS States I cannot work in this New York City with children anymore

    David’s Answer

    Theoretically yes, especially if you withheld information or mis-represented yourself on their application. Nevertheless, if they found out a disqualifying factor in their subsequent investigation, they may use same to subsequently disqualify you. You would then have a right to have a Fair Hearing if you disagree with their determination. Schedule a consult for a Bronx Adoption attorney for more info.

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  • When/how should/must I inform my husband that he needs to move out (prior to filing for divorce)?

    I am a working mother of small children. Currently my husband resides with me in the same home, with our children - a situation that creates a lot of friction that seriously affects our life. The marriage is not sustainable any longer, but I am no...

    David’s Answer

    (1) Yes, so long as he doesn't object to same. (2) No explicit time-frame, but the more notice the better. (3) Custody/visitation arrangements before a divorce is filed (or indeed before you can get a court order one way or the other) are informal & mostly by agreement. If there's a disagreement, that's when you need a Judge. Schedule a consult with a Bronx Divorce attorney for a full assessment.

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  • Can Ex's Girlfriend post photos of my daughter on facebook?

    My ex and I have a very general visitation order that just addresses phone calls and every other saturday day visits. He lives with his GF. My ex hasn't been around for the last 6 years of my daughter's life and has recently gotten visitation. I d...

    David’s Answer

    In all likelihood, if it was done via Father's explicit or implicit consent, then it's probably acceptable. Once pics are posted on Facebook, they theoretically may be seen by hundreds of people you don't know - and that includes pics posted on the Father's wall or even your own wall. For a full assessment, schedule a consult with a Bronx Family Law attorney.

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  • Can I get an annulment?

    Me and my husband have been married for 6 months and we want to end it but can an annulment be granted? We do not live together. We have been in a long distance relationship for the past 3 years and it has gotten to take a turn for the worst. We ...

    David’s Answer

    It depends - you would need to allege specific grounds, such as fraud, to get an annulment. It may be easier to file for divorce, in which case you don't need grounds. Schedule a consult with a Bronx Divorce attorney for a full assessment.

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  • Can my husband still get visitation with his children even if an unfounded ACS case showed up on his record?

    My husband has 2 children he is trying to get visitation. He had a ACS case with his son mother said he child that was unfounded and 1 that was substantiated. He is a good father and just want to have visitation with his children

    David’s Answer

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    The unfounded case would play no role whatsoever. The indicated case MAY play a role, depending on what the indication was for. generally the Court would order ACS to submit a report on their recommendations regarding to what extent he can visit the children. Schedule a consult with a Bronx Family law attorney for a full assessment.

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  • CAN MY CHILD SUPPORT STOP IF MY 19 YR. OLD SON LEAVES HOME?

    MY SON HAS EMOTIONAL ISSUES & HAS BEEN THREATENING ME TO LEAVE HOME. HE DOES NOT WORK & THREATENS TO STAY W/FRIENDS. WILL HIS CHILD SUPPORT STOP? WHAT CAN I DO ABOUT THIS STRESSFUL SITUATION.

    David’s Answer

    If the child leaves your home & becomes self-supporting, that is a basis to stop child support. If he's not, and you forward at least some of the child support money to him, then most likely the payor would not have a basis to cease the support payments. Call a Westchester Family Law attorney for more info.

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