Q: 2 months ago I had a temp stay away order for my son against his mom due to drug abuse and her and her boyfriend fighting to the point the cops showed up. Now after the judge lifted it 3 weeks ago they called me and made threats I pressed charges then the next day when getting my son he was all marked up I went to his doctor and the police and they both reported her for child abuse. The cop said to not hand him over no matter what and he will be arresting them most likely Monday. Now if I goto family court with only a case number and no paper work is that enough to get a stay away? And with out a stay away to I have to hand the child over to his abuser cause it will be her time tonight?
A: David's Answer: You should file an emergency order to show cause & petition seeking a suspension of the visitation along with the modified order of protection. If for whatever reason the Judge does not grant it, then you would need to "hand the child over" to the degree same is mandated by a prior order of visitation. For a full assessment, schedule a consultation with a Child Custody lawyer in your area. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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