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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36338
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I WAS DIVRCED IN SUPREME COURT IN 2006 IN NYS, AN ACTION THAT

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I WAS DIVRCED IN SUPREME COURT IN 2006 IN NYS, AN ACTION THAT COMMENCED IN 2004. I HAVE JOINT CUSTODY OF OUR 9 YEAR OLD SON WITH MY EX-SPOUSE. MY EX-SPOUCE SUFFERS FROM PSYCHOLOGICAL ISSUES AND STRUGGLES TO SHARE OUR SON WHEN HE IS WITH ME. AS A BORDERLINE PERSONALITY, SHE KEEPS CREATING ALLEGATIONS AGAINST ME THAT ARE UNFOUNDED AND WERE EASILY IMPEACHBLE IN COURT. RECENTLY SHE WENT TO A LOCAL FAMILY COURT TO FILE MORE FICTIOUS ALLEGATIONS AS I SPEND MORE TIME WITH OUR SON FOR LONGER PERIODS OF TIME THIS SUMMER. THE JUDGMENT OF DIVORCE DOES NOT SPECIFY THAT ONLY THE SUPREME COURT COULD REMEDY ISSUES.

MY QUESTION IS THAT WHEN I GO TO THE CONFERENCE NEXT WEEK AT THE LOCAL FAMILY COURT CAN I REQUEST THAT THE APPLICATION BE MOVED BACK TO THE SUPREME COURT WHERE OUR HISTORY IS WELL KNOWN, AND IF NOT WHAT DO YOU RECOMMEND?
Submitted: 7 years ago.
Category: Family Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

While the New York Supreme Court (actually a lower court in the State of New York) is the proper court for the issuing of divorces, it is the Family Court that is responsible for the micro-managing of the family issues after the divorce. The Supreme Court's role in family law is grant a divorce, fix child support, divide property and fully and finally resolve all issues of the divorce. After that is done, the Family Court will follow up with all other issues.

I'm afraid that you can not be referred back to the Supreme Court for resolution of your present dilemma.

Your best approach to the upcoming hearing would be to have an attorney represent you so that your ex's unfounded allegations can be dealt with aggressively. It may be appropriate for you to file a counter petition requesting that your ex be responsible for paying for your legal feeds and costs should her present petition be found to be without merit.

I wish you well.

Best regards,

Doug

Customer: replied 7 years ago.

 

For the past few years I have functioned successfully pro se in court. Legal fees exceeded over $150,000.

 

To file a counter petition would this be a motion that I draft from home or forms that I fill out at the Family Court?

 

In the past I prepared AFFIDAVIT IN OPPOSITON TO DEFENDANT'S ORDER TO SHOW CAUSE for use in Supreme Court. As legal strategy are you suggesting that I prepare an AFFIDAVIT IN OPPOSITON TO Petitioner's (ex-spouse) petition for a violation of an order with exhibits or do I just prepare the staement and wait for a hearing?

 

The conference for next week in court to answer the allegations; what should I expect to happen. Should I be prepared to direct my ex-spouce? Kindly comment on the procedure.

 

Thank you

Customer: replied 7 years ago.

For the past few years I have functioned successfully pro se in court. Legal fees exceeded over $150,000.

 

To file a counter petition would this be a motion that I draft from home or forms that I fill out at the Family Court?

 

In the past I prepared AFFIDAVIT IN OPPOSITON TO DEFENDANT'S ORDER TO SHOW CAUSE for use in Supreme Court. As legal strategy are you suggesting that I prepare an AFFIDAVIT IN OPPOSITON TO Petitioner's (ex-spouse) petition for a violation of an order with exhibits or do I just prepare the staement and wait for a hearing?

 

The conference for next week in court to answer the allegations; what should I expect to happen. Should I be prepared to direct my ex-spouce? Kindly comment on the procedure.

 

Thank you

Expert:  LawTalk replied 7 years ago.
Good morning,

You can modify an Affidavit in Opposition--that will be fine. There is no need to attach exhibits to the Affidavit which are exculpating in nature. Be prepared to submit those at the hearing.

These hearings are not typically ones of witness testimony and you should not anticipate being able to question your ex--that will be the responsibility of the judge.

You can expect the judge to ask questions of your ex, as hers is the burden of proof. If necessary, the judge will ask that you respond to her allegations.

I wish you well.

Best regards,

Doug

 

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