Legal Question in Family Law in New York
Custody
My daugther(she lives with us) has been fighting the father of their child for custody and visitation and etc. for over a year now. She has been in his custody for @1 yr. and this is how long we have been fighting in the court system. The lawyer she had previously did not show up for the last court date and the case was dismissed, which also meant that visitation for us was cut out. He does not allow us to see our granddaughter, or our daughter to see her child. He constantly harasses her on her cell phone and there seems to be nothing that we can do. Now she is saying that there is no lawyer that she has spoken to that wants to take this case and help her! She needs expertise help in this field and a lawyer that is willing to take this case. Is there anyone out there that can HELP!!!!
5 Answers from Attorneys
Re: Custody
Is there something that you are not saying? Is your daughter unable to pay an attorney's fee?
Daniel Clement
Re: Custody
It is improper for an attorney not to show up at a court hearing. The Judge should have just adjourned the case, without dismissing it. However, the dismissal is most likely without prejudice.
Your daughter should consult with an experienced Family Law attorney.
If she would like to discuss this further, please ask her to call me to schedule a consultation.
I practice in NYC and Long Island.
Re: Custody
Need to know all the circumstances that lead to your daughter losing custody of her child and visitation. Also sounds like she may need an Order of Protection to stop the harrassing phone calls. Would be glad to speak with you.
Debra Palazzo 914 961-7800
Re: Custody
It sounds as though you and your family have been going through a very difficult time. I would have to speak with your daughter in more detail to give her specific advice. However, if an Order exisits and he is denying access to the child, she should immediately bring him to Court on a violation/contempt petition. If there is an Order and she wants more time, or to change custody, we would have to file a Modification petition and convince the Court that the Order should be changed. If there are no Orders in place, she needs to fight vigorously to try and gain custody of her child! There is no excuse for the harassing phone calls. She should definately report him to the local authorities for aggrevated harassment!
I would be glad to discuss this in more detail with you or your daughter. If I do not hear from you, I wish you all the best of luck.
Whitney A. Clark
www.jeanmahserjian.com
Jean M. Mahserjian, Esq. PC
Clifton Executive Park
1741 Route 9
Clifton Park, New York 12065
518-383-1182
Re: Custody
I'm quite sure that there are plenty of capable attorneys available to handle this problem. The real issue is whether you are willing and able to compensate these qualified professionals who can assist you in gaining custody and visitation. If you wish you can discuss this with me by telephone @718-834-0087
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