Legal Question in Family Law in New York

Re: Legal Guardian

A "state" will usually recognize and give full force and effect to another state's duly entered court order, providing the state has a similiar statute in the state covering the same issues; or there is reciprocity agreement between the states to recognize the other states' orders.

However, the Original or Exemplified Copy of the Order, must be presented, filed or submitted to the State, in order for the State to issue its own "conforming" Order.

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A Criminal Plea or statements against self interests, made by a person, who has been adjudged mentally "disabled" or "incompetent" is proper, is an evidence, procedural and constitutional matter, that is determined by Court, on a case by case basis.

But, the every is ebtitled to have had their own attorney. If they cannot afford one, the Court must appoint one for them. The Attorney should demand that all questioning cease; and where a plea is contemplated, the attorney should tell the court that the defendant should be examined for purposes of accessing competency.

If you believe the attorney has failed to properly consider the circumstances on behalf of the son, and that the Court is without info re the son's mental capacity to understand the proceedings or the nature and consequences of his own actions, then YOU may respectfully ask the Court to hear you on this matter, before or at sentencing, if it has already occurred.

Good luck,

Phroska L. McAlister,ESQ