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Questions Answered by David Ivan Bliven
2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is this considered relocation with the children without the other parent permisssion?

My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Sep 24, 2022

Is the Father the Custodial parent? Do you otherwise share custody? Generally the custodial parent cannot move the children's primary residence without either the permission of the other parent or court permission. But more facts are necessary to definitively answer this question.... Read more »

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3 Answers | Asked in Child Support and Family Law for New York on
Q: My ex and I share joint custody of our children. He pays child support but not according to the Child Support Standards

Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.

David Ivan Bliven
David Ivan Bliven
answered on Aug 20, 2022

Basic child support is intended to cover all basic necessitates of the child - including costs of haircuts. If basic child support was waived and only 1 parent is paying for the haircuts & the other parent is refusing to contribute, then a modification petition may need to be filed. Schedule... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Are non violent or severe family order violations enough to say a change in circumstances has happened to modify order

I seen on youtube a lawyer who said the violations of custody order can warrant a change in circumstances as the original order was not followed

Violations such as order says itinerary for trips outside the state must be provided at least 48hrs in advance or more. And the mother on multiple... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Aug 20, 2022

Violations - depending on the nature, severity & frequency - may indeed satisfy the standard of "substantial change of circumstances." But that is a completely separate question from whether the court will then switch physical custody as a result. Even with a violation established,... Read more »

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2 Answers | Asked in Divorce and Child Custody for New York on
Q: Are there any circumstances where visitation rights don't end at 18? I was told they end at 21, but I don't believe it.
David Ivan Bliven
David Ivan Bliven
answered on May 31, 2022

There are no circumstances under which jurisdiction to modify/enforce visitation can be extended beyond age 18 in New York. For a full assessment, contact a Bronx Divorce Attorney.

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2 Answers | Asked in Divorce for New York on
Q: I checked ecourts in NY for my divorce status and it says NOI filed 5/28/21 and NOI due 5/28/22? Meaning?

My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.

David Ivan Bliven
David Ivan Bliven
answered on Apr 25, 2022

"NOI" means Note of Issue - meaning you needed to have filed one & paid the fee when presenting your judgment package. To follow-up, you can call the Matrimonial Clerk's office. You may also call a Bronx Divorce Attorney for more info.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you tell me what can be done?

So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Apr 16, 2022

It's advisable in this instance to start keeping a paper-trail. For starters, you can tape-record conversations you're a party to, whether over the phone or in-person. You should also propose using an App such as "Our family Wizard" or "Talking Parents" to not only... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Apr 16, 2022

By statute, child support is retroactive to the filing date of her petition. If the court ends up giving you shared custody, then you can subsequently petition for a modification of child support. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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2 Answers | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Wife used myW2s for her mom to come to theUS and a greencard without me. She's moved her in without mypermis. legal?

I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Apr 7, 2022

If you deem that to be a deal-breaker, then it's certainly a basis to terminate the marriage. I can't say whether she committed "immigration fraud" as that question would need to be posed to an immigration attorney. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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2 Answers | Asked in Family Law and Adoption for New York on
Q: How can I terminate parental rights in NYC?

I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter's dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Feb 11, 2022

You can bring an adoption proceeding - this would result in effectively terminating his parental rights. Bear in mind, however, that nonpayment of support and/or having an order of protection would not be grounds (in themselves) to have the adoption approved - the Judge would need to find he... Read more »

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3 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Feb 11, 2022

Yes - if the child's biologically yours, then the two of you have arranged for informal custody. That said, you should consider formalizing the arrangement by filing a petition for custody with the Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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1 Answer | Asked in Contracts, Divorce and Family Law for New York on
Q: Last page of my prenup was not signed by notary, only the appendices. Does this invalidate the document?

Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.

David Ivan Bliven
David Ivan Bliven
answered on Jan 3, 2022

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Dec 29, 2021

First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »

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1 Answer | Asked in Child Support for New York on
Q: How do I collect arrears?

I have a support order over 40k in arrears and somehow he is a free man! He is working because his iron worker union has told me but support collection doesn't get a response from employer. Should I hire a lawyer?P.I ? I have tried by the book and he gets away with no responsibility at all!!

David Ivan Bliven
David Ivan Bliven
answered on Dec 7, 2021

You should file a violation petition - with the aim of obtaining a money judgment. Among other things, the money judgment accrues 9% interest on the arrears. It also allows you to take action if SCU isn't - you can (via an attorney) move to garnish wages, seize money from his bank accounts,... Read more »

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Father of a 4yr old. Child support and custody established to mother. Mother promised to make my life hell for 18 yrs.

I’m seeking full custody of my son. Current on child support with a credit also. Currently have my son 2 days a week. Tried my best to coparent with mother but she has promised to make my life hell for 18 years. What can I do?

David Ivan Bliven
David Ivan Bliven
answered on Dec 4, 2021

Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.

2 Answers | Asked in Child Support for New York on
Q: My disbursement payment was $474.94 but only received $200. Will the payments roll over to the next month ?

My disbursement amounts changes. Only received $200 for 3 kids but my disbursement amounts be way more than $200. Where does the rest of the money go?

David Ivan Bliven
David Ivan Bliven
answered on Nov 6, 2021

You may wish to contact SCU on this. They're entitled to charge an annual administrative fee (as of Nov. 2021, it's $35). It's possible they hadn't charged you that fee for several years & are now catching up, but that's only speculation. For a further assessment,... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: I have a support & custody case in SC and live in NY. The CS was transferred to NY. Can I do the same for custody?

I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 5, 2021

The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full... Read more »

2 Answers | Asked in Divorce for New York on
Q: The judgement for my uncontested divorce was served on my ex-spouse by certified mail but it’s now being returned.

She was not home to receive the judgement so it was brought to the post office for pickup. I sent my ex the tracking number so it could be picked up, reminded her a few times to go get it, but she never followed through. Now it’s being “returned to sender”. Do I need to make another attempt... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 5, 2021

Unless the Judge ordered otherwise, you're obligated to mail her a copy of the final Judgment along with notice of entry. There's otherwise no obligation to send it certified mail - same is advisable (but not otherwise required) if the other side has defaulted. Schedule a consult with a... Read more »

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1 Answer | Asked in Child Custody for New York on
Q: Can the court make me pay child support. If I am disabled and my child has always been disabled. I am on Medicaid.

I can't pay and don't want to pay. How can I stop? Please help me with this matter thank you...

David Ivan Bliven
David Ivan Bliven
answered on Aug 18, 2021

The short answer is yes - so long as you're the Father, you have a legal obligation to support the child. You will have the burden of proving you're disabled thru competent medical evidence. Even if you succeed in that burden, you'd still pay 17% of your disability, unless paying... Read more »

2 Answers | Asked in Divorce for New York on
Q: How can I limit overspending from my spouse as I already filled for a divorce summons?

My lawyer submitted the Action for Divorce Summons mid June 2021. We still have a joint bank account and my spouse has her own account for her LLC.

Since our separation my spouse spend twice more money as I do. Our expenses are higher than our income. While the summons for divorce has been... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Aug 18, 2021

Due to the automatic orders, you cannot change the character of the joint account without her express permission. But you can generally do 2 things: (1) you can stop your direct deposit from going into that account & (2) discuss with your wife whether she agrees to simply split up the account.... Read more »

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2 Answers | Asked in Divorce for New York on
Q: How can I re-enroll our child to her previous high school without my spouse consent?

Our child was enrolled in a public highschool in the city I work/live but my spouse enrolled our child in her village (another county) during the pandemic. Our child wants to be re-enrolled in her previous highschool but my spouse is strongly opposed. We are running out of time since schools starts... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Aug 18, 2021

If you can't resolve the issue, then file for divorce. Then you can either negotiate the issue or file an order to show cause & get before the Judge for a ruling. Schedule a consult with a NYC Divorce Attorney for a full assessment.

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