Legal Question in Family Law in New York

Being sued to take custody after 13 Years

In 2002 and My wife and I were approached by my children from a previous marriage, they were asking for help. I went to a lawyer after trying to talk to my X about the problem. I then went to the courts to have a law guardian appointed. I was then greated at 2AM with an order of protection on behalf of my children against me. Alleging drug use/alcohol etc. After being cleared, the children came to me one by one and said they no longer wanted to come with me. I told them they know my number and where I live. I have sent them cards and gifts never to get a reply. Well my daughter tried to smash my X's head with a statue and now one of my son's was arrested for armed robbery which is a whole different issue but long story short I am now being sued to take custody. I am totally lost don't know how this can happen. I have made choices to down size, my current wife may be pregnant with our second child. Don't know if I even qualify for a public defender. Can someone shed some light on this. She took them from me and now that she doesn't want them I am just supposed to fall in line???? PLEASE ADVISE


Asked on 9/08/06, 8:43 pm

2 Answers from Attorneys
Seth Kaufman Kaufman PLLC

Re: Being sued to take custody after 13 Years

Your post does not include enough information and your situation is unclear. There are are obviously serious issues regarding the custody and support of your children, and you refer to allegations of a criminal nature. I strongly suggest that you consult an experienced attorney immediately and provide all of the relevant papers and information. Since legal action is already pending, it is critical that you know how to proceed within the limited time provided.

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Answered on 9/09/06, 3:25 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Being sued to take custody after 13 Years

You are supposed to do the best YOU can do for all parties concerned; or the best YOU can do for all parties that you are obligated by law and custom, to care for and support.

Get a lawyer ASAP, to help you decide what is the best thing for you to do. Do not focus on feeling "put upon" or disgust at what is past; and at what you were unable to control.

But, suggest that you insist upon testing, counseling and possibly medical attention for all of your wayward children, before making any decision, concerning your involvment, or their placement, whether it is to be with you or others.

Good luck,

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Answered on 9/09/06, 5:45 pm


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