Court Tomarrow

[amyrosew]

What is the name of your state (only U.S. law)? new york

Just to give a quick overview of my case, my boyfriends mom is taking me and my boyfriend, my daughters biological father, to court claiming that we have denied her visitation with our daughter, her granddaughter. We have never done this, we have just told her that she cant come and take our daughter, and we have to be with our daughter if she goes over to her house because of her husband who is an alcoholic and has put his hands on my boyfriend and his younger brother before, on top of having to dogs that have viscous tendency's. She wont come over here which we didn't find out why until I met with my lawyer, she proclaimed that we have flees and lice, a dirty trailer, and she cant stop fighting with her son anytime they get near each other.

I'm a little worried, I have court tomorrow and met my lawyer, and she has worried me a little bit. I have painstakingly put together my case, with all my witnesses, and my evidence. But when I went to see my lawyer, she basically dismissed it all, and asked me for the only evidence that I couldn't get.

The evidence that I have collected was our phone records that prove that she has not tried to contact us at all, we mainly were the ones to make contact with her. My lawyer just dismissed those. I have witnesses to how viscous the dogs are, but not the persons who have been bitten. My boyfriends family, refuse to have anything to do with the case so we cant get them to come and testify to the violence between my boyfriend and her now husband. She has totally dismissed the proof that I have that she lied on the court document that she hadn't seen our daughter in over two months, and she dismissed that also.

So my question is, what are my chances with this lawyer? The only thing that she seems to agrees on me with is that if me and my boyfriend lose that we can appeal.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? new york

Just to give a quick overview of my case, my boyfriends mom is taking me and my boyfriend, my daughters biological father, to court claiming that we have denied her visitation with our daughter, her granddaughter. We have never done this, we have just told her that she cant come and take our daughter, and we have to be with our daughter if she goes over to her house because of her husband who is an alcoholic and has put his hands on my boyfriend and his younger brother before, on top of having to dogs that have viscous tendency's. She wont come over here which we didn't find out why until I met with my lawyer, she proclaimed that we have flees and lice, a dirty trailer, and she cant stop fighting with her son anytime they get near each other.

I'm a little worried, I have court tomorrow and met my lawyer, and she has worried me a little bit. I have painstakingly put together my case, with all my witnesses, and my evidence. But when I went to see my lawyer, she basically dismissed it all, and asked me for the only evidence that I couldn't get.

The evidence that I have collected was our phone records that prove that she has not tried to contact us at all, we mainly were the ones to make contact with her. My lawyer just dismissed those. I have witnesses to how viscous the dogs are, but not the persons who have been bitten. My boyfriends family, refuse to have anything to do with the case so we cant get them to come and testify to the violence between my boyfriend and her now husband. She has totally dismissed the proof that I have that she lied on the court document that she hadn't seen our daughter in over two months, and she dismissed that also.

So my question is, what are my chances with this lawyer? The only thing that she seems to agrees on me with is that if me and my boyfriend lose that we can appeal.What is the name of your state (only U.S. law)?

Is this a court appointed attorney? If so, you may not have many options. However, if this is an attorney that you are paying for, its too bad that court is tommorrow, because again, that limits your options. Normally I would tell you to interview some more attorneys and hire a different one.

 

[Ohiogal]

What is the name of your state (only U.S. law)? new york

Just to give a quick overview of my case, my boyfriends mom is taking me and my boyfriend, my daughters biological father, to court claiming that we have denied her visitation with our daughter, her granddaughter. We have never done this, we have just told her that she cant come and take our daughter, and we have to be with our daughter if she goes over to her house because of her husband who is an alcoholic and has put his hands on my boyfriend and his younger brother before, on top of having to dogs that have viscous tendency's. She wont come over here which we didn't find out why until I met with my lawyer, she proclaimed that we have flees and lice, a dirty trailer, and she cant stop fighting with her son anytime they get near each other.

I'm a little worried, I have court tomorrow and met my lawyer, and she has worried me a little bit. I have painstakingly put together my case, with all my witnesses, and my evidence. But when I went to see my lawyer, she basically dismissed it all, and asked me for the only evidence that I couldn't get.

The evidence that I have collected was our phone records that prove that she has not tried to contact us at all, we mainly were the ones to make contact with her. My lawyer just dismissed those. I have witnesses to how viscous the dogs are, but not the persons who have been bitten. My boyfriends family, refuse to have anything to do with the case so we cant get them to come and testify to the violence between my boyfriend and her now husband. She has totally dismissed the proof that I have that she lied on the court document that she hadn't seen our daughter in over two months, and she dismissed that also.

So my question is, what are my chances with this lawyer? The only thing that she seems to agrees on me with is that if me and my boyfriend lose that we can appeal.What is the name of your state (only U.S. law)?

Truthfully I agree with your lawyer. If you subpoena family members they would have to come testify. Why didn't you subpoena the people who were bitten by the dogs? Is your boyfriend going to testify? What proof do you have that grandma has seen the child in two months? Phone records do not necessarily show all forms of contact. What about email? Do you have other phone lines? Snail mail? Stopping by?

Can you prove that your trailor is clean? That you don't have fleas? Lice? Has your daughter ever had lice? Is there a GAL on the case? have you requested a GAL?

How long have you had this attorney? Why were you only meeting with her NOW and not several times before now?

 

[amyrosew]

Truthfully I agree with your lawyer. If you subpoena family members they would have to come testify. Why didn't you subpoena the people who were bitten by the dogs? Is your boyfriend going to testify? What proof do you have that grandma has seen the child in two months? Phone records do not necessarily show all forms of contact. What about email? Do you have other phone lines? Snail mail? Stopping by?

Can you prove that your trailor is clean? That you don't have fleas? Lice? Has your daughter ever had lice? Is there a GAL on the case? have you requested a GAL?

How long have you had this attorney? Why were you only meeting with her NOW and not several times before now?

We are going to subpoena the family member that got bit by the dog, if he wont testify of his own volition. My boyfriend is going to testify, but because he is part of the petition. we had two witnesses that she has seen my daughter, one was from his family and she has backed out, and he doesnt want to cause problems in the family, which i finally gave up on because it just caused fights between me and him. she hasnt emailed us, and we only have cell phones, she hasnt snail mailed us either, or just stopped by. our lawyer wants us to take pictures of our trailor, which we did. And zoey, our daughters law guardian came over, so he should be able to tell the court that the house was clean and we dont have fleas. shes never had lice. we have had the attourneys for a couple of months, but the public defenders, they were with us on the last time that we went to court which was a month ago. But sense they are public defenders they havent had any free tyme to see us, as it is my boyfriend doesnt meet with his until an hr before we go to court.

 

[Zephyr]

Truthfully I agree with your lawyer. If you subpoena family members they would have to come testify. Why didn't you subpoena the people who were bitten by the dogs? Is your boyfriend going to testify? What proof do you have that grandma has seen the child in two months? Phone records do not necessarily show all forms of contact. What about email? Do you have other phone lines? Snail mail? Stopping by?

Can you prove that your trailor is clean? That you don't have fleas? Lice? Has your daughter ever had lice? Is there a GAL on the case? have you requested a GAL?

How long have you had this attorney? Why were you only meeting with her NOW and not several times before now?

Can you prove unicorns don't exist? Shouldn't granny have to prove the unsanitary living conditions she's claiming?

Mom and dad are together, how does that play into this?

ETA...and Grandma's claims of lice and fleas are really moot aren't they, since she is asking for visitation not custody

 

[LdiJ]

Truthfully I agree with your lawyer. If you subpoena family members they would have to come testify. Why didn't you subpoena the people who were bitten by the dogs? Is your boyfriend going to testify? What proof do you have that grandma has seen the child in two months? Phone records do not necessarily show all forms of contact. What about email? Do you have other phone lines? Snail mail? Stopping by?

Can you prove that your trailor is clean? That you don't have fleas? Lice? Has your daughter ever had lice? Is there a GAL on the case? have you requested a GAL?

How long have you had this attorney? Why were you only meeting with her NOW and not several times before now?

OG, this is a gpv case, alot of the questions you are asking are not relevant. You are looking at this the way that you would look at a parent vs parent case, and that is what her attorney is doing as well. This is why I would normally be suggesting that she find a new attorney.

A GAL is also an expensive, non-necessity in a gpv case. This is a third party with no inherent rights vs two united parents with constitutional rights. Full due process demands that the judge fully hear the case himself/herself and make a decision based on the merits of the case. This is not a case where the two parties have equal legal standing and a GAL might be needed to make recommendations between them.

 

[Rushia]

OG, this is a gpv case, alot of the questions you are asking are not relevant. You are looking at this the way that you would look at a parent vs parent case, and that is what her attorney is doing as well. This is why I would normally be suggesting that she find a new attorney.

A GAL is also an expensive, non-necessity in a gpv case. This is a third party with no inherent rights vs two united parents with constitutional rights. Full due process demands that the judge fully hear the case himself/herself and make a decision based on the merits of the case. This is not a case where the two parties have equal legal standing and a GAL might be needed to make recommendations between them.

OP is in NY and chances are they had one appointed whether they wanted one or not.

 

[BL]

Prior post on the subject :

https://forum.freeadvice.com/child-custody-visitation-37/grandparent-visitation-439284.html#post2092350


Having gone through Family Court in NY , and with my GF regarding GPV petition , what usually happens ( I seen it often in the Family Court ) , the Judge will send the party(s) out of the court room , to see if they can reach an agreement .

Since they PD's Office is representing the Parents , the parents are deemed in the court as " poor person(s) " , and with that comes the GAL w/ no charge ( free with " poor person " status ).

It would be interesting to know what way the GAL has indicated he/she will go with the recommendation to the court .

The GP will have to show there was a frequent and meaningfully relationship with the child , or it is in the best interest of the child to have visitations ordered to them .

I would NOT come to an agreement , if the court suggest trying to come to one .

Would you post back the outcome from tomorrow ?