Legal Question in Family Law in New York

I am in family court for custody of my children, do I need to do anything to defend myself against allegations of misconduct by the petitioner who is my wife or is the burden of proving this case completely on her who has brought this to the court. does she have the burden of proof or will it be based on her allegations unless I provide evidence that her allegations are false.


Asked on 9/14/10, 7:35 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

You should repost the question and provide the wife's general allegations.

However, in general, the parent who is brining the case has the burden of proof. However, this is family law, not criminal law. Therefore, the burden of proof is a lot lighter.

You may want to pay for a consultation to meet with an attorney to discuss the specifics of your case.

Also licensed in New York.

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Answered on 9/20/10, 2:47 am


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