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max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1893
Experience:  I am responsive, respectful, and relentless.
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We live in New York State. My daughter has filed for divorce

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We live in New York State. My daughter has filed for divorce and my son in law had to move to Utah for work. I assume there would be an official court date for disposition of the marriage and to determine child custody. My daughter is seeking sole custody of their one year old. I am not in favor of this and am afraid she will cut the child's father off from seeing her. Am I able to attend court and speak for his side?

max713 :

Hi. I thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.

If you are called by your son in law to testify on his behalf, you should therefore be allowed to do so - assuming he lists you on the witness list, and you are competent to testify (over 18, of mental capacity, have personal knowledge of the facts to which you testify).

max713 :

Does that make sense?

Customer:

I doubt he will be present nor can he afford a lawyer. Will he be able to identify me as a witness 'remotely'? What arrangements might be made as he is so far away? He is in Utah and as I mentioned, we are in NY. Thank you

max713 :

Yes, pro se parties (unrepresented) can call witnesses as well. It is unlikely that you will be able to appear remotely; you will likely have to appear in person, as very few judges will allow witnesses to appear telephonically.

max713 :

Do you have any further questions? If so, I welcome any and all - as I am here to serve you.

Customer:

My son in law is the one who is remote/in Utah. I am in New York where the case would be heard. Can I possibly represent him?

max713 :

Even if you were an attorney, the answer would be no - as there would be a conflict of interest.

max713 :

Do you have any further questions? I still welcome any and all - as I am here to serve you.

max713 :

If so, please ask away.

max713 :

Or, if not, that's fine too; in that case, please remember to provide me with a positive rating prior to exiting this forum.

max713 :

But, if you have ANY further questions, I welcome and encourage you to ask them.

Customer:

Yes, one more please. Let me ask this way. Is there any way I can help protect his custody rights if he cannot be present on the court date. Short of hiring a lawyer. Thank you!

max713 :

He can request an extension, but he would have to request it OR he and the opposing party can agree to an extension (via stipulation). Otherwise, while he can request to attend by phone, the effect of such a request could be only to offend the judge.

max713 :

And, yes, you can ask as many questions as you like.

max713 :

Do you have anything further on your mind? I'm still here to provide you with the best possible service.

max713 and other Family Law Specialists are ready to help you