Legal Question in Family Law in New York
Judge Ruled by Womans Rights/Children Being Abused
My daughters reside in Rockland County, NY.I am now remarried and reside in New Jersey.
Throughout the past few years, my children have not only been verbally and mentally abused by their mother but also physically. We had an order from Rockland County Family Courts in New City, NY from a Judge ------, that states that ''both parent shall refrain from any corporal punishment on the children''.However my ex continues to violate this order.
The last incident, on October 23rd, 2004, my ex wife struck my daughter on the head with a metal broom. My ex denied the allegation to CPS however when CPS went to my daughters school, to question them, they told CPS that their mother had lied and that she was indeed struck in the head. I asked the Judge for an order of protection on behalf of my daughters, to no avail. He threw me out within seconds as he states that I do not have custody. Does one of my children need to be brought home in a body bag?I recently read an article about this Judge in question, it seems to me that this family court is controlled mainly by the womens rights org. due to the death of a child/mother years back. I also believed that after much money, my attorney knew this and still gave me hope. Any Legal suggestions?
3 Answers from Attorneys
Re: Judge Ruled by Womans Rights/Children Being Abused
Perhaps the judge's denial ofa protective order should have been appealed. You can also take recourse to exposing the judge's action to toe the media.
Gary Moore
Re: Judge Ruled by Womans Rights/Children Being Abused
The judge apparently ruled that only a custodial parent can apply for an Order of Protection of the child. If so, and you are non-custodial, then you would not have had legal "standing" to ask for an order of protection.
You can still do a number of things:
1. File a complaint or motion to have the custody status changed.
2. File a civil lawsuit on behalf of the child as a next friend.
3. Perhaps most importantly: child abuse, and certainly the assault you described, is a serious crime. Have you reported this crime to the police? If not, you should file a police report, and see if the prosecutor's office will prosecute your ex-spouse.
If you have not yet filed a criminal complaint with the police, may I ask, why not?
Re: Judge Ruled by Womans Rights/Children Being Abused
If you and your daughter's believe that their health, safety and well being, is endangered by remaining with their mother, they should be and should have been removed from her home.
To wit:
You can Petition for custody of your daughters and if they or one of them is 14 years or older, they can "join" in your Petition to change custody from their mother to you.
Or, you and they can Petition for your daughter's removal from their home and placement in a foster or group home, in their "best interests."
If you and your daughter's decided Not to Petition for removal, and decided to continue custody with the Mother; then ... the Court's response to your complaint was not unreasonable.
Please note that, Agreeing to continued custody with the mother undermines a case against the mother's "parental fitness;" and eliminates "removal, from custody," which is essentially the only remedy available, in a case where it is deemed unsafe, unhealthy or inappropriate for the children to remain with [the] offending parent.
Further, despite what you may have heard or believe, Neither you, the Court, or your daughters, can modify the mother's behaviour or attitude toward your daughters, before the Mother decides, that her behaviour should or will be changed.
SUGGEST: You need to Spend your time, energy and work on protecting and maintaining your and your daughter's physical and emotional health and wellbeing, in a more agressive way.
Consider: a) Spend more time with your daughter's at your home, (could alleviate some stress and pressure). b) Spend much more time helping your girls with their school work, other activities and social development. c) Arrange for family counseling for yourself and your daughter's, to help work through and handle whatever problems they and you may have with their mother. This list does not exhaust the possibilities or your options. Stay focused on your daughters. Their mother can be just another person passing through their lives.
Good luck,
Phroska L. McAlister,ESQ