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Father Falsely Accused, Now Fighting Back - Needs Advice!

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MuscleGuyinNY

Junior Member
What is the name of your state? New York



This story is rather complicated, but I'm gonna try to keep things in order and straight to the point.

My ex and I were together for 15 months, from Summer 2006 until Fall 2007. We found out she was pregnant last April. Sometime in May or June, she started talking to another man behind my back. She lied and tried hiding what was going on, but come to find out, they were secretly seeing each other and sleeping together behind my back. Once I found out, her and I had began fighting over it. She'd deny everything, even though he would admit to everything. The two of them would constantly call my cell phone, leave messages, call names, harrass me, etc. One day in August, I confronted this man while I saw the two of them out together. He decided to try throwing a punch at me, so I tackled him down and restrained him. My ex's mother came running outside and began screaming, biting me, pulling my hair, scratching me and punching me in the face. The police were called and it was reported as a 'domestic violence incident.' I could've been charged with Trespass 1st, Assault 3rd and Stalking 4th, but only the stalking charge stuck. I spent a night in city jail and was sentenced to 2 weeks on Pre-Trial Release. I also got served with an Order of Protection, which my ex had filed while her mother and this man were in her presence. About 13 into the 14 nights of PTR, my ex had showed up, pleading that I give her another chance, so we could be together for our son. I willingly left with her. The other man assumed that her and I were together, so he made an 'anonymous' tip to the police. I waited and surrendered. I got arrested and charged with Criminal Contempt 2nd. I went to court the following morning and almost faced some jail time, but was bailed out. The OP originally would've expired in February 2008, but the judge extended it until November 2012. My son was born in January. He's now 2 months old. I haven't been able to see him once. My ex is purposely upholding this OP, to keep me out of the picture and her new boyfriend in the picture. I feel like it's me against the world. I'm trying to fight the OP, but more importantly, fight to be in my son's life. My ex and Social Services had filed a custody and support petition in January, but my ex withdrew it a week later. I, however, filed a paternity petition last month and I'm waiting to go to court next month. That same day, I will be filing a custody and visitation petition. I also have a list of other terms and requests that I may propose to the judge. My ex has a court-appointed attorney and I'm hiring one, if that makes a difference.

Any questions and advice would be greatly appreciated.
 
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fairisfair

Senior Member
first, before I even bother reading this. tell me those aren't your real names .

and now, go back and delete all the blah blah blah.

Facts and questions please.

No one is going to read that whole thing.
 

BL

Senior Member
What are you doing , writing a book .

I got to the tapping part and quit .

This is a legal forum site , not a editing board .

Leave the tap this and that out , get to the facts , and use proper language .

Like I meant a girl , she ended up pregnant , what happened next ( not week by week play review ) .

Then you might get some answers . ( I hope you had one or two ) , because I didn't read your novel .
 

MuscleGuyinNY

Junior Member
What are you doing , writing a book .

I got to the tapping part and quit .

This is a legal forum site , not a editing board .

Leave the tap this and that out , get to the facts , and use proper language .

Like I meant a girl , she ended up pregnant , what happened next ( not week by week play review ) .

Then you might get some answers . ( I hope you had one or two ) , because I didn't read your novel .
It may have been a bit much, but I shortened it and made it to the point. No need for anyone to continue ranting about the length of my original post.

On to the advice, please. I shortened it all.
 

penelope10

Senior Member
Well the first thing I would do is hire an attorney and petition the court to get legal standing as the child's father. A visitation schedule will be set up for you and Mom and CS will be ordered.

The first mistake you made was to become involved sexually (and without protection) when the two of you were still essentially children yourselves. At 15 and 19 both of you were far from being adults--even if biologically you could reproduce.

The 2nd mistake you made was to assume that the fact that you created a child together automatically made you a family. You were the BF and not the husband of this girl. You should have left the scene when the new flavor of the month (CAMDEN) showed up.

The third mistake was to go to a motel room with this girl to "talk things over". Clearly by this time it should have become apparent that she was not ready to have a committed relationship with any man.

What you need to do now is concentrate on what is in the best interest of this child---unfortunately you and this girl will have to deal with one another for many years to come. However, this does not mean that you and she will be getting married and living happily ever after. So I'd drop the romance/jilted boyfriend routine and get on with the REAL important issues at hand. Having yourself established as the legal father etc. and do it ASAP.
 
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BL

Senior Member
What is the name of your state? New York



This story is rather complicated, but I'm gonna try to keep things in order and straight to the point.

My ex and I were together for 15 months, from Summer 2006 until Fall 2007. We found out she was pregnant last April. Sometime in May or June, she started talking to another man behind my back. She lied and tried hiding what was going on, but come to find out, they were secretly seeing each other and sleeping together behind my back. Once I found out, her and I had began fighting over it. She'd deny everything, even though he would admit to everything. The two of them would constantly call my cell phone, leave messages, call names, harrass me, etc. One day in August, I confronted this man while I saw the two of them out together. He decided to try throwing a punch at me, so I tackled him down and restrained him. My ex's mother came running outside and began screaming, biting me, pulling my hair, scratching me and punching me in the face. The police were called and it was reported as a 'domestic violence incident.' I could've been charged with Trespass 1st, Assault 3rd and Stalking 4th, but only the stalking charge stuck. I spent a night in city jail and was sentenced to 2 weeks on Pre-Trial Release. I also got served with an Order of Protection, which my ex had filed while her mother and this man were in her presence. About 13 into the 14 nights of PTR, my ex had showed up, pleading that I give her another chance, so we could be together for our son. I willingly left with her. The other man assumed that her and I were together, so he made an 'anonymous' tip to the police. I waited and surrendered. I got arrested and charged with Criminal Contempt 2nd. I went to court the following morning and almost faced some jail time, but was bailed out. The OP originally would've expired in February 2008, but the judge extended it until November 2012. My son was born in January. He's now 2 months old. I haven't been able to see him once. My ex is purposely upholding this OP, to keep me out of the picture and her new boyfriend in the picture. I feel like it's me against the world. I'm trying to fight the OP, but more importantly, fight to be in my son's life. My ex and Social Services had filed a custody and support petition in January, but my ex withdrew it a week later. I, however, filed a paternity petition last month and I'm waiting to go to court next month. That same day, I will be filing a custody and visitation petition. I also have a list of other terms and requests that I may propose to the judge. My ex has a court-appointed attorney and I'm hiring one, if that makes a difference.

Any questions and advice would be greatly appreciated.
Yes , just because your X has an OP against you , it won't prevent visits with your child ( if it is your child ) . Exchanges can be set up at a PD , or some other way .

The paternity will have to be established first .

Let your lawyer handle it .

Also , really if you can't afford one , the court can appoint one , different from the the one/firm , your X has .

Do-not violate the order .

Make sure when the Family Court date comes , you let security at the court house know there is one with the other party .
 

penelope10

Senior Member
Whoops sorry---you've shortened your post since I posted.

The advice I've given you still stands---and if I wanted to see my child I would try to make sure it was in the presence of others for the time being. Stay away from this girl. That way any more drama etc. can be avoided---You said her Dad was a pretty good guy, perhaps communication etc for right now can be done through him.

Someone also stated that exchanges could be done a the police dept---sounds like a good idea.
 
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waitinMd

Member
At 15 and 19 both of you were far from being adults--even if biologically you could reproduce.
age for Statutory Rape in New York is 17.


My son was born in January. He's now 2 months old. I haven't been able to see him once.
the courts are fairly slow. DNA through the courts in Maryland take a few MONTHS. I paid for private DNA, it was faster. Very expensive though.
 

BL

Senior Member
Visits won't happen soon.

The good thing ( if your child ) , is he/she won't be over a yr. old by the time you have Custody/Visits , hopefully.

Ask for Joint Legal Custody w/ visits .

Joint Legal means communicating about major issues , but even though you have a R/O request it anyways . It protects your rights more than non joint legal .

Also, have an order that neither parent is to permanently remove the child from NY without the written permission from the other , except for vacations .

Also , it may violate that r/o if you contact her family ( I wouldn't ), read it carefully , they usually include contact by third parties .
 

penelope10

Senior Member
Visits won't happen soon.


Also , it may violate that r/o if you contact her family ( I wouldn't ), read it carefully , they usually include contact by third parties .
I''m glad you brought up that point--that wasn't something I thought of in my other post:eek:
 

waitinMd

Member
I feel like it's me against the world. I'm trying to fight the OP, but more importantly, fight to be in my son's life.
I was falsely accused also. To this day I'm scared to pick my daughter up from my ex. I take someone with me if we don't meet at our designated place. My ex falsely accused me and then broke into my house and attacked my mother. She also had charges for violence against her, so we ended up being ordered to exchange at the police barracks.

things have a way of working out though. What comes around goes around.

Get an attorney and follow his advice and do everything the judge puts in your order!
 

Rushia

Senior Member
Why would the ex have a court appointed attorney? Am I mistaken that she would have to be facing criminal charges for a CA (or is she, and I just missed that part--still a little confused here).
No, in NY the courts will appoint a lawyer for family law....if you fall below income guidelines.
 

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