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New York State Family Court Nightmare!!!!

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debrick

Junior Member
What is the name of your state?What is the name of your state?New York State:
I am a father from New York, with sole custody of 3 children (boys 11 & 13) daughter 9. I now live in Arkansas for the last year. Real mother out of picture for past 9 years. I married again in 2000 for 1 yr. 4 mos. then we separated.
She filed for guardianship back in 2002, while we were separated, and the Ontario county judge dismissed it saying there was no blood relation. Then after our divorce was finalized in 2/2004 and I and my kids moved to Arkansas, X wanted guardianship of my daughter, and took me to back to court.
Ontario County gave her temporary/permanent guardianship. She represented herself as my daughters mother and through the law guardian. (thought the law guardian was suppose to represent the child not the (NON-PARENT, NON-MOTHER).She wants to be my daughters mother, but she is not and never will be. She is now trying to get a restraining order so that I will not be able to phone or see my daughter anymore. I had a lawyer that was not willing to stand up for my rights as the sole custodial parent.
Now what? How do I get my daughter back? Please Help?
Temporary or Permanent?
In court on 7/19/04 it was stated temporary guardianship. This is the order I received. But, I have just recently found out that the Law Guardian typed out a permanent guardianship, at that time without it going infront of the court. And, I never received a copy of this order.
I have also found out that there was a court date on 7/8/04 that I was never told about. I was in court on 7/19/04 for 4 hours and was charged by my lawyer at $140.00 per hour. When I sent for the court transcripts last week I was told there was no court hearing on that day, therefore there was nothing for me to receive.
(Yes, It was said that she was not the mother, but she was referred to as Child's mother.) I kept telling my lawyer to remind them that she was not the mother, He would once and a while, or he would say they know that.
I am not looking for a lawyer on here. I'm just looking for some info, I feel like I am being manipulated by the NY Family Court System.
Yes, I had custody of all 3 children and the two boys are living here with me in Arkansas. My daughter was also living here and enrolled in school and the Judge ordered on a friday, that I get her back in NY by that following monday. (I am told by several people now that I did not have to do that).
Yes, I contested the Guardianship and my my ex made allegations that I was an unfit father, but the judge gave me the 2 boys and told me to take them back to Ar. giving my ex guardianship of my daughter. I was proved fit and a good father, but the law guardian kept advocating that she needed a mother figure in her life.
I am now engaged to a woman who is trying to help me put a stop to this nightmare. NY family court even ordered a criminal check on my fiance and her 2 teenage daughters and Social Services did a home study here in Arkansas, which we passed with flying colors.
BUT: there was never a criminal check on X or her male companion, or a home study done on the living quarters. She lives in a 1 bdrm apartment. We have a 2400sq.ft. 4 bdrm. home.
It is my belief that on the day we were not told to be in court that decisions were made that I was never made aware of. I even consulted with attorneys here in Arkansas and showed them the paperwork and it was beyond them also how any of this could have been taking place. Court ended in July and there were no documents sent to me by the courts or my attorney. We were financially drained when we left New York and the Family Court there. Now we have ordered trancripts and copies of the last orders to see exactly how they read.

Tell me! Is there something wrong with this picture? Where do I turn to now?
 


BL

Senior Member
Please keep your questions and post together in the same thread ( just hit the reply ) . It will make it easier for us to try and figure out what happened and possibly give you advise .

You are correct that a Law Guardian is an ATTORNEY to represent the child(ren's) legal interest in Court . That is " The best interest of the child ".

The GAL ( Law Guardian ) makes recommendations to the Court's Judge based on all the relevant Facts and records .

Question : are you stating , the Court awarded one of your X's Temporary / Permanent Guardianship of your Daughter that is NOT biologically hers ?
" Because the daughter needs a Mother Figure " ?
 

debrick

Junior Member
Question : are you stating , the Court awarded one of your X's Temporary / Permanent Guardianship of your Daughter that is NOT biologically hers ?

Yes, my 2nd wife. NOT mother to any children of mine. In court I was told temporary guardianship, but I have since learned that it was typed permanant guardianship, before it was signed by the judge.

" Because the daughter needs a Mother Figure " ?[/QUOTE]

Yes to this one also. But she was only a step mother to my 3 children for (1 year 4 months) before we seperated and ended in divorce.

She only wants my daughter, and has never wanted my boys around.
Thanks for any support you have and can give me.
 

rmet4nzkx

Senior Member
Here is your other question, even so, some major facts are missing.
debrick said:
What is the name of your state? New York State

Can a New York Law Guardian bring an "order to show cause" proceeding in 2004 before the family court, (she was appointed back in 2002 in a previous custody hearing in which at that time all matters were dismissed or withdrawn)?

The Law Guardian used the childrens biological mother as the petitioner, without her having any knowledge of this petition.

This new petition was filed on the behalf of my 2nd wife who is trying to get custody of my daughter.

I thought the Law Guardian was suppose to represent my daughter, not her ex-step mother
(of only 1year and 4 months, before we divorced).

There are also docket numbers from back then that are being used, without a revision date?

Are court orders legal if they are not sighned by the attorneys or petitioner (only the judge)?
Was there a default judgement in July 2004 due to failure of proper service or was your attorney served and failed to notify you?
Where does your ex, the mother of your children reside? Has there been TPR?
 

debrick

Junior Member
The bio mom is in NY, back in 1997 there was a finding of neglect and abuse, she has no visitation and has not had any contact with any of the kids since my daughter was 6 months old, (when I received full custody).

There was no default judgement, but I also was not informed by my attorney of what went on at a pre trial conference the week before the hearing. I was told by my attorney that I was not able to be at the conference.

What is TPR? If this termination of parental rights there has never been one.

Thank you for your time and any light you can shed on this mess.
 

BL

Senior Member
What I would suggest you do is :

# 1 ) obtain copies of the Orders and the Court proceedings form for each court date .

#2 ) Write a New York Congress representative in that NY Jurisdiction ( you can look them up online ) , attach the Orders and records of proceedings , and ask him/her if there is anyway they can help you out with researching your Legal Rights .. ( I did this once and the congresswomen , forwarded my info to a different State representative , and they sent me some relevant Laws ) .

# ) If that don't pan out , contact ( try Emailing a Few Attorneys - Again search for Family Lawyers in that area of NY ) and see if you can get some info .
You may have to hire an Attorney in NY to represent you .
 
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rmet4nzkx

Senior Member
With no TPR against biomom, jurisdiction remains in NY, that's your big problem otherwise you could have domesticated the case to Arkansas. You may have some case for malpractice against your attorney for inefficitve counsel. You are going to have to appeal the decision possibly based on judicial error if the docket doesn't match the facts and if there is no transcript of the hearing you attended. You may also get the error on the order for guardianship amended. Contact the NY bar for complaint forms against your atty & Law Guardian.
 

debrick

Junior Member
Thank you for your suggestions and help. I have another post on here also, have any help on this one? "Can a New York Law Guardian do this?" also under family law/ child custody.
 

rmet4nzkx

Senior Member
I already replied to that one before you added additional information. Call the Bar Association in NY for a copy of their rules of ethics and court rules that may assist in sorting this out, also complaints may help, you only have so much time to take action.
 

debrick

Junior Member
Thank you all, and any and all help and suggestions are very much appreciated. God Bless You All.
 
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debrick

Junior Member
Is it illegal to listen in on a childs phone call with their dad?

Can you record a phone conversation?

Thanks
 

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