Tuesday, June 4, 2013

In NYS if a judge is showing clear bias toward the mother, overlooking undenialble proof of neglect & abuse, wat can be done?

Q:  The mother had ensured over 11years of horiffic abuse, as did the children, the father lives in a 1BDRM, and remarried a female with a 4 yr old that knowingly beats up the children, and fathered a newborn just months ago. The kids are noticeably safe & happy with their mother, yet the father has family members in CPS, the sheriffs dept, in addition to the courts. The mother has undeniably evident proof of abuse & neglect of her 3 small children, yet the judge willingly overlooks every petition & motion, all based upon LIES spoken under oath by the father, that can all be proven untrue, however the judge bases every decision in favor of the father. The law guardian does nothing. The babies are 2 & oldest is 5 & is severely manipulated.


A:  David's Answer:  When you say the Judge is showing "bias toward the mother," I assume you mean the Judge is against the mother. That said, you should do what you can to get legally-admissible proof of the abuse or neglect, and then push the case towards a trial. Ultimately you can seek to appeal any interim orders which go against you. That said, I highly advise that you schedule a consultation with a Dutchess/Westchester Child Custody attorney.  -- David Bliven, Westchester Family Law Attorney (www.blivenlaw.net)

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