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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Received what I believe are self made family court summons

Customer Question

Received what I believe are self made family court summons for custody. In fact I know they are. taken all information from the motion I filed and put it together. No court stamp or clerk sig. Notarized in Nassau County and top of paper states family court Nassau when it is in Kings County. Typing is all messed up. Been to court for 5 years never saw anything like it. What are the consequences of this and can I bring it to family court to check?
Submitted: 2 years ago.
Category: Family Law
Expert:  Chris T., JD replied 2 years ago.
Hello. I'll be happy to assist you.
Yes, you can and should bring it to the family court to check it out and make sure nothing was actually filed. There is nothing illegal about someone making their own forms up, but serving someone with fake court summons could be a crime, depending on the reason for doing so. If they were trying to defraud you or cause you to take some action contrary to your interests, it could be a criminal fraud. It largely depends on the reason for them doing so. Also, if you have a court case with the person ongoing, it could be the basis for a contempt of court, and the judge could punish them with a fine or even jail time.
I hope that answers your question. If not, feel free to ask follow up questions. If so, please remember to "rate" my answer before you go. Good luck.
Customer: replied 2 years ago.
Thanks, ***** ***** answered me in several different ways. Why, would it depend on the reason for them doing so? And yes there is a court case as I wrote I filed a motion to change one day in visitation because children are starting school in Sept and he lives in LI and he brings them home on Monday. And also had a relocation case that was denied for reasons of a lawyer. So I think they feel they can get away with anything.
Expert:  Chris T., JD replied 2 years ago.
It would matter because if they did so with the intent to defraud you, it is a crime. If they didn't have the intent to defraud, it's not a crime. Either way, though, it is still something the court in your current case should be aware of and can still be the basis of a contempt finding. The most productive route would be to file a motion for contempt in your custody case.
Customer: replied 2 years ago.
I'm so sorry could you explain what the difference is between Defraud me with intent or they had no intent. I think that is where I'm confused. To me handing me papers with the same court date as my motion is and then handing me papers after that and are not filed in court, I would think is intent. But how would any body do that without intent.
Expert:  Chris T., JD replied 2 years ago.
OK. I'm sorry for the confusion.
For example, if a person handed you papers as a practical joke or for some other non-harmful reason, that would not be a crime. If, however, they were trying to trick you into signing over your rights, cost you money, etc., that would be a crime. I'm not saying the police would rush right out and make an arrest, but it would, technically speaking, be a crime.
Customer: replied 2 years ago.
OK, Now I see where you are coming from. This is not a joke that is for sure. They really are evil and I'm not just saying it because I'm battling them. They have tortured me and my twins for 5 Years now. making up there own time against court orders and calling CPS which was unfounded but they were never scolded. They and I say they because it is mother and son.
try taking the children out of school 2 hours early and told the school there was a verbal agreement. and when that didn't work they tried to say its in an order NOT. and yet they have been picking them up on Fridays every week for months and decided they wanted to change it. Then try to say I'm causing him to mess with his time. LOL, this is what I'm dealing with. And as for relocation case, My lawyer very sneakily, did not put any evidence in, on my part and defended the father. And claims he did. I was in the records dept. and no evidence was filed. Go figure. Just a briefing of why I am so hoping this is fraud. I cant take the abuse anymore. I'm sorry. Thank you for your help.
Expert:  Chris T., JD replied 2 years ago.
I'm glad I could help. Sorry about the confusion. If there isn't anything else I can do for you, please remember to "Rate" my answer before you go.