Handling Tough Family Law Situations
Are you wondering how to best be handling tough family law situations? Our dedicated family law attorneys are here to answer any of your questions. Before giving our office a call, here is some information that you might want to know.
Handling Tough Family Law Situations | Bringing Up a False CPS Report at Trial
You can bring it up in court, however, it’s important for you to understand that once a Child Protective Services Report is unfounded, you cannot subpoena those records and evidence of an unfounded hotline report cannot be introduced in a trial. You can bring up the circumstances of the investigation, you yourself can testify as to anything that you experienced or witnessed, and we can question your acts on the facts involving the investigation. However, we can’t rely on that caseworker coming to testify for you in your custody case once the report is unfounded.
Handling Tough Family Law Situations | Requesting a New Law Guardian to Be Assigned
It’s very difficult to have a law guardian, or an attorney for the children as they’re now called, removed from a family court or matrimonial case. This attorney is appointed by the court to represent the interests of your children. Absence a showing of gross misconduct of that attorney for the child, there really is a very limited option to have this attorney removed. A common complaint that I’ll hear from parents is that they believe that the attorney for the children is biased or spends more time speaking with one parent or the other. It’s important for parties to remember that this person, the attorney for the child, is there to represent the children’s interests. He or she is not there to represent or side with the interests of either parent. It’s also important to remember that it’s very common in this area for an attorney for the children to be appointed in an initial family court or matrimonial action and for that assignment to continue through subsequent proceedings or actions. This attorney for the children may be present in not only your current family court case, but any future case you have involving the same children. It’s generally best to accept that assignment and to have your attorney work with the attorney for the children to help build better communication so you feel more comfortable with that appointment.
Handling Tough Family Law Situations | Should I Wait to Move Away Before the Baby is Born if I Am Not Married?
We’ve confronted a number of relocation custody cases where our client has not yet given birth to the child. They ask us, “Is it ok for me to leave the State of New York at this point in time?” The answer is yes. A court cannot assess or address a custody case or a relocation case until your child is born. If you think there is a likelihood that you may want to move to another state, the wise move then is to move before your child is born.
If you have any further questions, please give our Saratoga family law attorneys a call today. Our dedicated staff is here to guide you through the tough legal issues.