Legal Question in Family Law in New York

Tomorrow I will give testimony at a hearing for child visitation for my son(31) with his daughter(3). This is a complex case which has been in the hands of the court since Oct 2007. My son is disabled with a traumatic brain injury from a motor vehicle accident post year 2000. He is high functioning, however for cognitive reasons is unable to give testimony. Also for this reason he is unable to supervise his daughter during visits. The ex hates me and told the court I am a drug dealer so she will not allow me to supervise the visitation. Prior to Oct 2007 my son was using marijuana for medicinal reasons. He suffers from severe chronic pain. All conventional pain mgmt treatment did not help. I admitted to his attorney that I purchased marijuana for him once or twice. I know it's a felony and if I admit before the court under oath I can be convicted of the crime. There is no proof whatsoever that I did this, other than my telling the attorney. I also know it's a crime to lie under oath, but I dont want to invoke the 5th ammendment either. If I lie, does my son's attorney have a responsibility to tell the court what I told him?


Asked on 6/17/10, 3:02 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

In short, as an officer of the court, the attorney cannot knowingly put on false testimony. In fact, if the judge found he knew testimony was false, the attorney could be subject to discipline by the bar. Discuss your testimony with the attorney before you commit perjury.

Also licensed and practicing in New York.

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Answered on 6/18/10, 7:15 am


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