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  #1  
Old 09-21-2000, 10:46 AM
james gucciardo
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Angry

My wife and I have custody of her cousins daughter because the parents abandoned her at birth. recently my wifes sister (2nd cousin to the child) has filed for visitation of the child which my wife and I strongly oppose due to her sisters extreme use of foul language in the childs presance and her tendancy to become irate and uncontrolable when she gets angry. My understanding is that in NY she has no rights for such visitation.the first court appearance alone will cost us $750 which is half of the money we saved for the adoption which had to be put on hold for this.fighting it in court would set the adoption back quite some time. my question is does the judge have a legal right to even hear this case based on the fact that she has no rights provided by the currant law?
  #2  
Old 09-21-2000, 11:18 AM
usdeeper
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Why spend anything on this.. just represent yourself and present the facts to the judge. Has she seen the children or had any previous visitation ? Why is she after it now ? You are right that in NY they do not have 'any interested party' type visitation.

If you can gether any evidence of her behaviour or proof that it is not in the childs best interest then do so.. If you need help with the legal forms then get a paralegal to help you.

Does she have an attorney ?
  #3  
Old 09-21-2000, 10:10 PM
james gucciardo
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[QUOTE]Originally posted by usdeeper:
[B]Why spend anything on this.. just represent yourself and present the facts to the judge. Has she seen the children or had any previous visitation ? Why is she after it now ? You are right that in NY they do not have 'any interested party' type visitation.

If you can gether any evidence of her behaviour or proof that it is not in the childs best interest then do so.. If you need help with the legal forms then get a paralegal to help you.

Does she have an attorney ? Yes she does. But so do I. I will not go up against a lawyer wiyhout one of my own. We do have proof of her behavior because her mother had her legally removed from her home and we have the court documents to prove it. my concern is that if the judge rules to hwar the case a lenghty procedure will eat up all of the funds we had saved for the adoption which had to be put on hold for this! My question still remains. Wiyhout a law to justify it does the judge have a right to act on it!

  #4  
Old 09-21-2000, 10:30 PM
usdeeper
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The judge has every right to throw the case out in the hearing stage in the first 2 minutes..
 



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