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David Bliven
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Westchester & Bronx Divorce & Family Law attorney
Westchester & Bronx Divorce & Family Law attorney

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Can I get sole custody of my child until she's enough to decided weather she wants him in her life?

Q: He left when I was 7 months pregnant, didn't bother asking about the rest of my pregnancy. He didn't sign the birth certificate. He saw the baby when she was 2 months and went MIA and didn't see the baby until she was 7 months old. He went MIA around April and has been around since.

A: David's Answer: It seems as though you're a good candidate for sole custody. Of course, there are many factors which would need to be assessed, but involvement in the child's life is a very big one. Schedule a consult with a Bronx Family law attorney for a full assessment.

http://www.blivenlaw.net/blog/2017/10/can-i-get-sole-custody-of-my-child-until-shes-enough-to-decided-weather-she-wants-him-in-her-life.shtml
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If my husband stays out for days at a time will that help me with the divorce should I file a missing persons report each time i

Q: I desperately need a divorce my husband stays out for 2 days at a time should I file a missing persons report and will this help me with my divorce

A: David's Answer: You no longer need a reason or "grounds" as to why you wish to get divorced. As of 2010, NY has passed "no-fault" divorce, which in a nutshell means so long as you don't wish to remain married, you can file for divorce (the technical requirement is an "irretrievable breakdown" of the marriage for more than 6 months). Call a Bronx Uncontested Divorce attorney for more info.

http://www.blivenlaw.net/blog/2017/10/if-my-husband-stays-out-for-days-at-a-time-will-that-help-me-with-the-divorce-should-i-file-a-missin.shtml
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Is it the law that the father is responsible to pay for supervise visitation when the mother is requesting it ?

Q: I have been granted Sole legal and physical custody of my son, the mother has not seen him for a year do to her issues with no license do to failing to pay child support, and CPS issues.

A: David's Answer: There is no definite law one way or the other, but the general rule driven by caselaw precedent is that each party pays a "pro-rata share" of such costs. "Pro-rata" means a comparison of each party's incomes in order to determine who pays what percentage. Call a Bronx Child Custody attorney to schedule a consult for more info.

http://www.blivenlaw.net/blog/2017/10/is-it-the-law-that-the-father-is-responsible-to-pay-for-supervise-visitation-when-the-mother-is-requ.shtml
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I owe child support, im in the rears.

Q: I was working at one time and paying almost 800 a month, but i was young and didnt know to much about the chils support or going to court to get it modified. But i have proof of when i wasent employed am i able to get a lawyer to help with lowering the rears or can my kids more do it also. need help.

A: David's Answer: Once arrears accrue, it is extremely difficult to get them vacated. Merely being unemployed during that time would be insufficient as you'd have the dual burden of proving what your income was, and what "diligent efforts" you were making at the time to find work. Even then your case is unlikely to succeed. Call a Bronx Child Support attorney to schedule a consult for a full assessment.

http://www.blivenlaw.net/blog/2017/09/i-owe-child-support-im-in-the-rears.shtml
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I want to complain about Bronx family court judge ?

Q: I want to complain about a family court judge in the Bronx. Since my ex gf (the witness) stopped going to court and stopped cooperating with them. The judge doesn't want to throw out the case. What to do. I feel the judge is bias cuz of my color

A: David's Answer: Merely because a Judge doesn't wish to dismiss a case isn't grounds to file a complaint as the Judge appears to be exercising his/her discretion - something they are permitted to do. If you disagree with any decision/order of the Judge, your remedy is to file an appeal, not a complaint. And mere speculation that the Judge is biased against you based on race/ethnicity would not warrant a complaint unless there was some specific facts to back it up. Schedule a consult with a Bronx Family Law attorney for a full assessment. 

http://www.blivenlaw.net/blog/2017/09/i-want-to-complain-about-bronx-family-court-judge.shtml
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I do not like the man living with my daughter and her 2 children, i am not comfortable with him there,

Q: my grandchildren want him to leave also but my daughter is blind sighter, i want to do the right thing for my grandchildren

A: David's Answer: Merely because you and/or the children don't like him isn't enough to warrant a custody case. There would need to be facts which support an argument that your daughter is committing child neglect by having him there. Schedule a consult with a Westchester family Law attorney for a full assessment.

http://www.blivenlaw.net/blog/2017/09/i-do-not-like-the-man-living-with-my-daughter-and-her-2-children-i-am-not-comfortable-with-him-there.shtml
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My husband is filing for divorce and waived marital property distribution, does that include co-op property?

Q: He wants to have a verbal agreement leaving me with apartment. He will help pay the mortgage until i can refinance. How can i trust that if he abandoned me! I cant afford the expenses. What should i do?

A: David's Answer: I'd strongly advise against having "verbal agreements" as same are unenforceable. Anything you're agreeing to should be captured in a full settlement agreement. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

http://www.blivenlaw.net/blog/2017/09/my-husband-is-filing-for-divorce-and-waived-marital-property-distribution-does-that-include-co-op-pr.shtml
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How can I get a divorce after one year of marriage?
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Q: My husband has a girlfriend he has been seeing this woman the whole marriage anb he doesn't help me with any of my expenses how can I get a divorce fast

A: David's Answer: You only need to have a 6-month breakdown of the marriage in order to file for divorce. As such, simply proceed to file your case. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

http://www.blivenlaw.net/blog/2017/09/how-can-i-get-a-divorce-after-one-year-of-marriage.shtml
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Given all of the info below, shouldn't the held premise, that the non- fostering of a relationship, defeat Tropea?

Q: I recently concluded a child relocation case in a New York Supreme Court. The judge cited the proceedings and his observations during the trial. The wife admitted beating me, the husband and and having me arrested by making a false statement to the cops, bringing our son late for visitations, etc. She stated that she placed little faith that the custodial mom would do anything to foster a relationship with the non-custodial father. Such is her hatred. To boot, the attorney for the child stated the same thing. There was never any abuse claimed by the mother or child or anyone else, but citing all the factors in Tropea v Tropea (all purely speculative, however, e.g., the school system would be better, despite her not knowing where they would live, and neither does the judge), she granted her move with our son to the West Coast. i would like to have an as normal can be relationship with him as possible; it would be just about impossible for us to see each other. The judge even suggested that she would be unaccountable in another court's jurisdiction.

A: David's Answer: First, if she was granted immediate permission to move, you should file an appeal along with an order to show cause to block the move while the appeal is pending. Second, certainly not fostering a relationship with the child is a big factor against her, but that in itself wouldn't "defeat Tropea." The reason is practical: Tropea is a weighing of all the factors against each other in an effort to determine whether the proposed move is in the child's best interests. You're best advised to schedule a consult with a Westchester Child Custody attorney for a full assessment. 

http://www.blivenlaw.net/blog/2017/09/given-all-of-the-info-below-shouldnt-the-held-premise-that-the-non--fostering-of-a-relationship-defe.shtml
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How would I get custody back?

Q: My children are with the paternal grandmother since 2010 and the other since 2012. I pay support for both. Can i get them back?

A: David's Answer: One cannot assess this question because one doesn't know: (a) why the child were put in the grandmother's care, (b) ages & preferences of the children and (c) what facts or circumstances have changed since then to warrant you getting the children back in your custody. There remain a host of other factors which would need to be assessed as well. Thus, you're best advised to call a Westchester Child Custody attorney to schedule a consult for a full assessment

http://www.blivenlaw.net/blog/2017/09/how-would-i-get-custody-back.shtml
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