Legal Question in Family Law in New York
False allegations
My fiance has a daughter with another
woman he never married. He has been
trying to get custody and or any
visitation rights. She went to serve him
papers on sunday morning when we
were on
vacation. He was not available to recieve
the papers and his mother was told to
have him pick them up at police station.
On monday morning his ex filed a
harassment complaint saying he called
her sunday night ranting and raving
about serving him papers. I was with
him the entire time and he never picked
up any phone to call anyone except his
mother that day. Now there is a warrant
for his arrest. Of course he will be
turning himself in and dealing with that
process, but what we would like to
know is if he can use this false
allegation against her since it can easily
be proven through phone records, ect.
that he had no contact with her on the
the date she claimed or any date for
that matter since he last saw her in
court. He has no contact at all with his
child and he recorded her saying he did
nothing and this is a game.
3 Answers from Attorneys
Re: False allegations
You should not have to deal with his problems with his ex. He should be writing this posting and asking for help.
However, his troubles are not going to be solved by some friendly advice over this computer bulletinboard. He needs to hire a lawyer and take action. Criminal charges against him? Fairly often, unfortunately, some women do file false domestic violence and false harassment claims. He needs a lawyer. And he needs to get a court order for child visitation.
If you would like, have him give me a call; I am in northern New Jersey. I will discuss this with him (NOT you); the telephone consultation will be free. I would be happy to help him out.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: False allegations
Discrediting the child's mother is key to obtaining custody/visitation. You should take the charges seriously because a lack of due diligence on your fiance to be found guilty.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: False allegations
I would suggest getting an attorney to handle both matters to make a good record for the mun. court charges. Then you can turn around and use that in the family court matter. Although you have 2 cases, it shouldn't be that expensive for you. My consultations are always free, so call me at 732/247/3340 and we can discuss your case.
Good luck!
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