Skip to main content
David Ivan Bliven
Avvo
Pro

David Bliven’s Answers

5,960 total


  • 19 yr. old daughter wants to start spending the night at boyfriend's room he rents w/another boy.

    I get child support for my 19 yr. old daughter who has a history of depression & hospitalizations. She's threatening to do overnights @ 24 yr old boyfriend's room he rents . She does not work & is under psychiatric care. What measures can I take t...

    David’s Answer

    If you're the custodial parent for support purposes, then there's nothing you can do in respect to the child support itself. And because she's an adult (as of age 18) for custody/visitation purposes, she can do as she pleases. The only exception is if you believe she's a danger to herself or other (in which case, she'd need to be checked into a psychiatric hospital). Otherwise, you're under no obligation to continue to allow her to live with you, so perhaps it's ultimatum time. Schedule a consult with a Westchester Family Law attorney for more info.

    See question 
  • Can I move to California with my child even if I'm not married to the biological father?

    My son is 6 months old the father and I are having relationship problems also his mother smokes inside the home and I don't want her near him when she smokes.

    David’s Answer

    Whether you are married or not, a relocation of a child out-of-state generally requires express permission of the non-custodial parent (which should be reduced to a written Parenting Agreement), or court permission. You are best advised to file a custody petition & include in the petition your request to relocate with the child. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

    See question 
  • My spouse served me with a summons for a request to modify custody order that was already final, Can this delay divorce?

    After my spouse and I went to court to settle matters such as custody, alimony, and child support she summoned me again for a modification of custody when I already served her with papers, can this delay the divorce process?

    David’s Answer

    Assuming her case is pending in Family Court, it wouldn't necessarily delay the divorce. Either party may move to consolidate the family Court case into the divorce case, or can agree to leave it in Family Court. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

    See question 
  • Should I call social services?

    My child was on visit with the father and father choked him trying to take the child's phone away. So my child wouldn't speak to me. My son texted me telling me to call the police and he also sent me a picture of a bruise on his eye. I called the ...

    David’s Answer

    From this incident, it sounds as though you should file a violation petition & order to show cause to suspend visitation pending further order from the court. If the child is represented by an attorney, you should also call him/her. Consider switching attorneys. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

    See question 
  • Can I still be penalized for marriage fraud even after 15 years?

    I have a friend who cannot marry his current girlfriend in NYC because more than 15 years ago he married a young lady from Russia and it turned out that all she wanted was a green card. She disappeared 4 or 5 months into the marriage. He doesn't e...

    David’s Answer

    Have him obtain a copy of the marriage certificate. Then he'll have her name & can file for divorce - though if he doesn't have a current address for her, it may create other issues. Have your fined contact a Bronx Divorce attorney to schedule a consult for a full assessment.

    See question 
  • How can I get an annulment

    I was married on May 8th 2016. I've caught my wife in what I suspect to be two instances of infidelity. Plus I've had to beg for "intimacy". This has caused a lot of issues and we have agreed to go our separate ways. She is not a US citizen and...

    David’s Answer

    Ok - you can file for an annulment based on fraud in the inducement. You must have independent proof (such as a text, e-mail, picture, specific admission, corroborating witness, etc) to the adultery in order to file for annulment. Schedule a consult with a Westchester Divorce attorney for a full assessment.

    See question 
  • 1) Can a lawyer serve my divorce papers? 2) If not, who can do it without getting me arrested. I used a process server!

    I want to desperately divorce my wife. She doesn't want a divorce. We've gotten physical and she has a full Order of Protection. NO contact, stay 250' away, no email, phone, etc. I'm confused!. According to Attys Brosnan and Rothstein, it appears ...

    David’s Answer

    Under these circumstances, I would only recommend using a licensed process server or Sheriff to serve her with the papers. I'd agree it may be problematic if you arrange for a friend or relative to serve her the papers. That said, attorneys usually do not effect serve. Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment.

    See question 
  • Can i just send my divorce papers to my husband in Florida to sign and send them back to me in new York

    we been separated for 6 years and i moved to new York

    David’s Answer

    Sure - although he's not obligated to sign the Affidavit of Defendant. Moreover, if you're seeking any kind of ancillary relief (child support, child custody, alimony, equitable distribution of assets, etc.), there must be a clear basis for jurisdiction over him. Schedule a consult with a Westchester Divorce attorney for a full assessment.

    See question 
  • I Mr Angelo Darden, Married for 13 years, Separated for 12, we have a 12 year daughter I'm paying chld support through the court

    Wife refuse to sign papers, receiving $524 mo., intent to get 1200.mo knowing I have another child out of wetlock who's 13 paying child support through the courts. I want a divorce without going the bureaucracies when she works too.

    David’s Answer

    Although I'm not clear on what "papers" your Wife is refusing to sign, I surmise you filed for divorce. If she's refusing to sign the Affidavit of Defendant, then you'll need to arrange for her to be served via a process server. Schedule a consult with a White Plains Child Support attorney for a full assessment.

    See question 
  • Can a request for a modification for a final child support order hold off a divorce after spouse has already been served?

    I served my spouse divorce papers after having final orders on custody/child support and alimony, she summoned me for a change of visitation for Sept 23, can that delay divorce process after serving her when she has 20 days to respond? Also her or...

    David’s Answer

    Generally the courts encourage all cases to be heard before the same Judge in the same court. That said, you would technically need to file a motion to consolidate the Family Court case into the Divorce case - nothing will happen "automatically." Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment.

    See question