Legal Question in Family Law in New York

The court will not address my petition!?
My sons father received temp. custody 5/2002 based on false allegations. Our family court custody trial started in Dec2002 (6 days) and was set to continue in Feb2003. The Judge had a stroke, it was put off till Mar2003, the Judge had a heart attack and we were put off until April. I filed a petition to show cause in order to change my visitation. The court again in June put off addressing my petition until Aug.

The law guardian is 100% for me, yet my other son and I still(after over a year) only get a few hours a week supervised visitation. I have hair tests to prove I am drug free for over a year. The father (repeatedly denies me visitation) and sends my son to Mass. to live with his grandparents. The father didn�t show up on Easter and did not agree to allow me to see my son on Mothers Day, my sons B-Day, or be the ringbearer in my brothers wedding.

There is no Judge to force the father to be reasonable - so he won't be! The law guardian and my lawyer tell me there is nothing they can do. The court will still not issue a mistrial. I am told no other Judge will touch the case. How long can the court put off my petition? Do I have any alternatives, can I go to a higher court? Any help would be appreciated.

Asked on 6/14/03, 8:27 am

Seth Kaufman Seth M. Kaufman

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Re: The court will not address my petition!?

I believe there is a strong basis for compelling the court to immediately proceed with the trial to conclusion. Feel free to call me any time at

212-367-9167 for a free consultation.

Answered on 6/14/03, 10:03 pm

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