Legal Question in Family Law in New York
Family Court Child Custodial Issue
My estranged husband and I went through a custody trial which was decided upon by the Judge on May 8, 2007. To date, I have not received a final copy of the custody agreement decided upon. His attorney was ordered to write up the final decision. My estranged has violated court orders within the decision multiple times throughout the year but I could not do anything about it legally because I did not have the final agreement.
My estranged has now filed criminal charges against me which were reduced to a violation (disorderly conduct) and has filed for sole custody of my children once again.
I cannot afford to pay another 16,000 to go through another family court trial especially after not receiving the final from over a year ago.
What rights do I have? What recourse can I take?
1 Answer from Attorneys
Re: Family Court Child Custodial Issue
1. First of all, any lawyer can draw up an order, or a judgment of custody. He would have to obtain the court records/decision, and prepare the final decision from there. Obviously it is in the best interests of your estranged husband to keep the matter dangling. Your prior attorney (whom you paid $16,000 for should have written the order/judgment if the other attorney refused to do so.
Even if there was an order in effect, your estranged husband can take you back to court for sole custody. It is his right.
What you need is a lawyer who will go to bat for you, finish what was started, and settle the matters once and for all.
If you would like to discuss this matter further, please feel free to contact me.