Legal Question in Family Law in New York

Custody case against my cousin!

I got married at 15 & had 2 kids by the time I was 16. My exhusband was very abusive & it got to the point that I had to leave. I did. I was 18 with 2 kids & no clue of how I was going to do it . I moved from FL to NY & my cousin agreed to help me by taking in the kids until I got on my feet.I gave him custody 12/22/04, so they can be put on lease, taken to the doctor, enrolled in day care, etc. I was very unstable for a few months & everything was going well with the kids. He allowed me to visit anytime, sleep over, take my kids to sleep over. After 5 months of trying to get myself together I finally got my first apartment and wanted my kids back & thats when everything went bad, he refuses to give them back! I am not a party animal, I do not drink, smoke, use drugs, etc. I have never physically, emotional, sexually, mentally abused my kids. I am actually a good person, & a wonderful mom that went through a very unfortunate time. Unfortunately there were times I could not take off from work to attend court and my case would be dismissed. And that is the case status now. I now live in florida with my husband that is in the navy & everything in my life is good besides me not having my kids. How do I get my kids back?


Asked on 10/08/07, 7:43 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Custody case against my cousin!

Hire a lawyer. Take off from work, Get to court. Do it fast, before the court decides it is in the best interest of the kids not to go with you. You will not get them back until you show your commitment to getting them back.

That means hire the best lawyer you can afford and get to court on time everytime, dressed not like everybody else there, but dressed like a responsible business like adult.

Impress the court. You already have a leg up by being the biological parent, make sure you do not surrender it by being haphazard about your appearance or your schedule. It might impress the court if you took a few parenting classes before you asked for them too.

Be prepared for random drug and alcohol tests.

Good Luck.

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Answered on 10/12/07, 12:21 am


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