Legal Question in Family Law in New York
Family law
Hi my name is--name removed--
I have situation with my wife not legally married. One day my employer told me that I would be paying child support and I got surprised because my wife and son lived with me and I supported them later I found out that her older sister had gone to food stamp with her and say she lived with her and my son to have her rent so I told her sister to close that case and she got violent and her mother pulled out a knife then they called the cops and say that I hit them and hit my child but acs declare it unfounded now my wife left the house took $4000 and my child 14month I haven't see them since 10 days later she say ed to th cops I hit her which is a lie now I have an order protection and I want to see my child she left me a letter saying the real reason why she left because I work to much and she don't want to be alone she also had rite a suicide letter what do I do in this case?
1 Answer from Attorneys
Re: Family law
Hello there-
You have about six different legal issues.
A petition can be filed in the family court that issued the order that it was an illegal filing on the grounds that the mother and child lived with you at the time of the filing. Since, however, the mother and child have moved since the order, you may only get credit for the portion of support paid up until the move.
You have a right to file against the mother for custody or visitation with the child.
You have the basis for a criminal complaint and possibly an order of protection against the aunt and mother.
If you can prove the mother took the $4000 from you, you have basis to file a criminal complaint against her since she had no legal right to those funds.
If you require further information from us, feel free to contact us.
Patricia Martin-Gibbons
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