Legal Question in Family Law in New York
What determines proper notice to appear in court
I was out of town when the court notified my attorney of a 'pre-trial conference' in my custody case. My attorney attempted to notify me but my ex intercepted my mail. My ex was awarded custody of the children while they were with me, out of state. Is pre-trial conference the proper forum for changing custody? Is notifying my attorney enough to consider that I was properly notified of the conference?
3 Answers from Attorneys
Re: What determines proper notice to appear in court
It would appear that there has been a serious miscarriage of justice. Based on the facts that you have outlined, this should never have happened. You need to get a new lawyer and make a motion to reopen the case.
Re: What determines proper notice to appear in court
The bad news is that notice to your attorney is considered notice to you. However, I believe you should challenge the custody determination based on the fact that your ex prevented you from being notified. The courts do not look kindly on this type of behavior. If you would like to discuss this further, please feel free to call me at 845-362-0387.
Re: What determines proper notice to appear in court
When both parties are still living together, I always insist that my client give me an alternate mailing address or get a P.O. Box.
The goood news here is that Custody [and visitation, which is a species of custody] is always before the Court. Custody can always be modified in the best interests of the child.
Suggest you have your attorney file an Order to Show Cause for Reargument, explaining what happened, and stating why the children would be better off in your custody.
Hope this helps.
For more information, please visit my web site:
www.BravermanLawFirm.com
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