Q: On friday i was involved in a domestic violence dispute i pressed charges on him we have 2 kids together,there is now a warrant out for his arrested,after the incident i guess he took the kids to his moms house, he had custody in the sense that they stay with him,i.tried to get my children back and i went to.the police station and they told me that i can't get my kids bekuz he left them with his mom.i need answers.I'm scared for my life.my children would perfer to be with me..please help
A: David's Answer: You should immediately go to Yonkers Family Court first thing in the morning & file an order to show cause & petition requesting custody. If he is believed to still be in jail tomorrow, you may ask the Judge to issue an order requiring the grandmother to turn the children over to you. You may then go there with a police escort. I'd also suggest to file your own petition for an order of protection in Family Court. You should also call a Westchester Co. Domestic Violence/Child Custody lawyer to schedule a follow-up consultation. -- David Bliven, Westchester Family Law 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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