Legal Question in Family Law in New York

My ex and I were never married, we have 3 children together, and he is not letting me see them or speak to them. Christmas has come and gone and I still have not seen or spoken with them. There is no paternity established, and no custody order in place by the courts. He has changed his phone number and I have no way to contact them. I've filed a Writ of Habeus Corpus, and Paternity petitions have been filed with the court (next court date Jan 22). He produced the children when we showed up at court for the Writ, and everything i've been told was that the children should have been returned to me on that day, but all the judge said was that the court was satisfied that the children were produced, and the judges lawyer (outside of the court room might I add) basically told him that he can do whatever he wants, her exact words were, "Dad, this is Mom, you can't keep your kids from seeing their mother...but Mom, if he doesn't feel as though the kids are safe, then that's how he feels." and what she should have told him was that yes he can't keep them from seeing me, and that if he feels they are unsafe in my care or at my house to file a cps report (which would be unfounded) But like I said, paternity has not been established yet, so to my knowledge, the children legally should be with me. What can I do?

-at the end of the rope


Asked on 1/17/14, 1:43 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

The problem occurred because you did not have an attorney who knew the law AND could argue before the court. Hiring an attorney does not guarantee success. However, it could prepare you to present the case, file motions, and argue the law.

Also licensed in New York.

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Answered on 1/19/14, 7:42 pm


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