Saturday, April 26, 2014

Is there a "selective prosecution" or something like it in family court cases?

Q:  My ex has two children. One with myself and one she had prior to our relationship. She has NEVER brought the other childs father to court although he does not support the child in any way nor does he have a relationship with this child. There have been allegation of violating a court order made against me, and i have counterfiled them against her. My question is this.. Can i use the fact that she HAS NEVER even tried to bring the other father in although he is in arrears as much as 6000$ support because i feel like she is targeting me. I want to spend as much time with my child as possible.. But she is trying to run and control my every move while im having visits with my child and i feel if she can leave the other man in peace.. Y cant ahe leave me alone as well. Atleast i pay my support

A:  David's Answer:  The short answer is no - it's her choice who she sues. What you can do is get a good visitation order which makes clear she cannot otherwise dictate the terms of your visits when you have the child. Speak to a Family Law attorney in your area for more info.   -- David Bliven, Westchester Family Law attorney (

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