Legal Question in Family Law in New York
What do you do when you have a family court case with your former in laws
I have 2 kids who for years have been subject to verbal abuse,the grandparents of my kids are always saying degrading,demeaming remarks about the mother,the kids father is so controlled by his parents,when he sticks up for the mother it leads to more screaming,swearing the kids witness hitting punhing things all adult emotions, i feel as after 8 years of the grandparents control,and taking boning issues between mother and daughters,Since the kids are on a every other weekend with the father and the grandparents are not custiol care givers the dept of s.s will not investeg the sition, although the are very well aware of the issuies at hand, my question is when the father does nothave control over his parents, how do you prove in court that what the kids are subect to is abuse,when it has caused my kids to behave in a very neguite way to the mother and have a lack of respect,because they feel its ok, because they are hearing what a bad mother i am and that its all my fault for there negiete behaver, i have had my kids in therpy for over a year in which the kids have stated that when they are at the grandparents,these things are happing.
1 Answer from Attorneys
Re: What do you do when you have a family court case with your former in laws
You are right to be concerned. The legal term for this is 'alienation' and is regarded as a "crime committed in darkness against the innocent child".
This is a serious matter because it has long-term implications for the adult relationships of your child with females.
The problem is the issue of proof. The state Child Protection Services and other agencies are not helpful. Involving them will worsen your position. Tape recordings are also not helpful.
However, there are ways to develop an evidentiary basis to 'modify the visitation order to exclude contact with the grandparents'. A psychologist or independant social worker can be helpful.
While I am located in NYC/Westchester/Long Island, my legal license entitles me to practice anywhere in NY Stste. My elderly (80 years old) mother lives in Albany and, if you are interested, I would welcome an opportunity to check up on her more often in the form of an active case in that area.
I grew up in Albany and am often present for my mother.
Please set up a telephone interview with me and we can set up a schedule for a meeting and plan for when I am in Albany later this month. Email is best to set up a time.
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