Legal Question in Family Law in New York
Is it to late for to clear my name-false dv charges
In Dec 2000 I asked ex-wife for a divorce since we were seperated. 2001 I am jailed for domestic violence charges and I had not seen the women in months. As advised by my legal aid plead guilty, nothing would come of it. In fear of losing my job I plead guilty & was order to attend dv classes & pay for them. I finally filed for divorce, which she made difficult she filed pro se, I had an attorney. I found out in her response she had a child naming me as the father, I've never seen the child, my name was on the b.c but child has mom surname. She kept me in litigation, I wanted a paternity test, she didnt I wanted the divorce over with because I was running out of cash so I went without the test. These decisions are haunting me. I have supervised visitation at her mom's. I do not go because she makes an effort to be there although she had an order of protection against me. Is it too late to get an paternity test, and modify the order for unsupervised visitation or at least visitation elsewhere? Is there a way to have those dv charges removed or prove that it was lies?
2 Answers from Attorneys
Re: Is it to late for to clear my name-false dv charges
This is a difficult situation.
1. The domestic violence claims are a done deal. True or not, you have a judgment and a court order.
2. You can require that she not be present when you visit with your child. In addition, an order of protection usually has an 'expiration date' and it is likely that you are coming up on it or have already passed that date. The order of protection may no longer be in effect. Check with the court that issued the order. They will have the order on file.
3. You can require that a patermnity test be done on your child.
This stuff happens. Many people have 'disorderly' private lives and if getting a paternity test will help you sort things out, get one.
You need a bit of your blood and a bit of the child's blood. Next visitation, make an appointment with a doctor to have the test done and take the child to that clinic/doctor. If there is some problem, get in touch with me and I will get you a court order.
Re: Is it to late for to clear my name-false dv charges
Your situation is too complicated and serious to address in this forum. Your rights to contest paternity depend on details of the divorce and your actions which are missing or unclear. Please consult with a qualified attorney as soon as possible.
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