Legal Question in Family Law in New York

Petition for modification of order made by another court (custody)

My step-daughter's ex husband is applying for sole custody oftheir son with supervised visitation for the mother.

As a consequence of defending previous legal claims she is now penniless and cannot afford an attorney. She lives out of state and cannot afford to travel. Can she respond in writing to the Order To Show Cause? If so, to who?


Asked on 8/21/02, 4:39 pm

3 Answers from Attorneys
Raymond David Marquez R. David Marquez, P.C.

Re: Petition for modification of order made by another court (custody)

No. Your daughter cannot reply by sending a letter. She must appear in court with a lawyer or she will be found to be in default. If she has a checkered past that includes criminal convictions or other problematic issues then she really needs to get a lawyer, even if she has to borrow the money to do so. Don't wait until it's too late.

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Answered on 8/23/02, 12:38 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Petition for modification of order made by another court (custody)

She needs legal advice. Perhaps one of her previous lawyers will consult with her.

She may be entiled to appointed counsel or for an award of counsel fees.

If you wish to discuss this with me privately, please call to schedule a confidential consultation.

I practice in NYC and Long Island.

For more information, please visit my web site.

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Answered on 8/21/02, 4:58 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Petition for modification of order made by another court (custody)

Contact LegalAid in the County where custody is at issue. They should be able to represent her.

Good Luck

RRG

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Answered on 8/21/02, 6:19 pm


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