Legal Question in Family Law in New York
Order of protection against grandparent.
I am presently going through a divorce and I believe that in spite, my husband decided to ask and obtain an order of protection against my mother who is my children's babysitter and he does not want her coming into his house, but is it fair that my mom who has done nothing but watch my kids without ever asking for a penny is now not allowed to see or come anywhere near my kids. How can this be since she has never even laid a hand on them? I am also being told that I will have to pay for part of the day care even though I was not the one to put us in this situation? Also is there any way of getting this amn out of the house? He seems preety content here and I want him out for my sanity.
2 Answers from Attorneys
Re: Order of protection against grandparent.
Your situation sounds very much like you have gone through a legal proceeding without a lawyer. That is a major mistake. Your question can only be adequately answered upon an examination of the details of your case by an attorney. For example, the details of the basis for the order of protection, the evidence that it was based on, an examination of your living situation with the father of the child who is still present in the house, whether or not divorce proceedings have been commenced, etc.
Re: Order of protection against grandparent.
The standard for obtaining a temporary order of protection is low, but there obviously should be some factual allegations that provide a basis. If there are no such allegations, the order should be modified or vacated. I need more details about what has happened to explain the court's actions and assess your case. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the intial consultation.
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