Sunday, January 26, 2014

It petitioner has legal aide and respond is going to be assigned 18b lawyer can they file a cross suit at same hearing?

Q:  The Court date is scheduled, respondent seeks to file a cross suit, can it be filed prior to hearing since 18b lawyer will not be assigned until the hearing? Also can it be heard at the same hearing since it is a cross suit/summons? Or will it be a different case all together? Can the same lawyer be used for the cross suit/summons?

A:  David's Answer:  Generally the respondent in a Family Court matter can file a counter-petition. However, it must be filed & served more than 8 days before the court date to be heard the same day. While considered a separate case, it will generally be heard at the same day & time as the other petition. And yes, the same attorney can represent you on both cases.  -- David Bliven, Westchester Family Law attorney (

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