Legal Question in Family Law in New York
Background check
I am helping my sister with some of her legal issues
that she has. She has a 2 month old son with a man
that she is no longer with. He has children with other
women, but is unable to see them. We were wondering
how we could obtain a background check, without
having to pay for one on-line. Can you access them
somewhere for Free like in public records or anything.
We know that he was incarcerated at one time but we
aren't sure for what either. This is material that we
would like to obatain for the custody case. Also, how
good is his chance of custody. They haven't been
together since she was 2 months pregnant, he has
never talked to her since, never seen the baby, nor has
he tried. His current gilfriend is harrasing her but not
breaking the law. Thanks.
1 Answer from Attorneys
Re: Background check
(1) his current girlfriend should not be contacting your sister at all. Go to the local police precinct and make out a complaint for harassment against her AND him under section 240. of the Penal Code.
(2) His criminal record is relevent for the custody case, as is the disposition of other custody cases involving him. You must get (a) his criminal record (which is a public record - the location of where you apply for it depends on which county you are in - county courthouse; criminal division is a good place to start) and (b)for his previous custody orders - find out what cases were filed by going to Family Court/County Courthouse and get a list of all custody cases. Then, as a part of your own custody hearing, subpoena the court documents.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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