Legal Question in Family Law in New York
false accusations
I am currently going through a custody battle with my ex-girlfrind. She is refusing to let me see our daughter. She is manipulating the law by making false accussations of domestic violence. I Have been arrested twice on her false accusations and now have a crimimal and fmily court case pending. This is her way of stopping me from seeing my daughter. What can I do to protect my self from being falsely arrested. How can i show the family court judge that this is one of her tactics to keep me away from my child.
thanks in advance for your help.
2 Answers from Attorneys
Re: false accusations
You must extend your resources to strip these tactics from her.
(1) You must have a lawyer and fight the 'domestic violence' claims.
(2) You must have a temporary order of visitation. The claims of 'domestic violence' as a tool to strip you of access can be turned around to support your efforts to gain fiull custody.
Has paternity been established? Do you have a lawyer? It is likely you need one for both the Family Law and the Criminal Law matters.
You are welcome to a consultation for no fee. Email is best form cheduling.
Re: false accusations
I Entirely agree with Atty Nitzberg's reply.
However, in a war you should expect that the fighting, will continue until one or both sides leave the battlefield.
So..., although politically incorrect, you might also consider withdrawing from the battlefield, by making a "Declaration" and Committment (on the record and in a writing), that you WILL NOT have any further or future direct contact with your child, for any reason, until or unless the child is 18yrs old, or old enough to have a "one on one" relationship, with you, w/o her mother's interference.
Of course, your child support payments, will and should continue w/o miss or complaint. And, you will and should be diligent about sending gifts, cards and letters, on all important holidays and occasions.
Good luck,