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Countering a petition for guardianship of my two children petitioner lied

Clinton Corners, NY |

I went to have my medication adjusted at the emergency room, my ex went the same day and petitioned for guardianship of my two youngest children and got it by saying that I had been hospitilized........I have discharge papers showing I wasn't what can I do?

Attorney Answers 5


  1. Guardianship? Do you mean sole physical custody? If your ex went and petitioned the court for custody without you present, assuming you had custody by a previous order or simply consent or an agreement between you two, he or she must have done that by an Order to Show Cause, which is an "emergency" kind of petition where only one party has to be present to get a temporary order.

    In that instance, I'd presume there will be a hearing to determine permanent custody. You don't say whether you made safe arrangements for your children when you were hospitalized or whether some kind of intervention was needed to prevent "neglect", but that may be a factor.

    In any event, there is probably going to be a further hearing about permanent custody, and if not, you can petition to modify the order that has been issued. You should see a family court attorney practicing in Duchess County. You can find one with the "Find a Lawyer" tab on this site and read his/her profile or use a Google search for Family Court attorneys in Duchess County.

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  2. attorney Lebowitz gave you an outstanding order. you need to contest this matter and file affirmative pleadings explaining the situation, attaching the evidence, please work with a local attny he or she will protect you. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  3. Retain a New York guardianship lawyer and oppose the Petition. You may need to call the Supreme or Surrogate's Court in your county to find out exactly where your court appearance will be located. Good luck!


  4. There are a number of issues to determine how quickly your ex can be defeated in what was done. Since I am in Dutchess and know the courts, you might wish to call me on this and we can discuss it.

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  5. Do you have any prior orders? Was the medication for a physical or psychological ailment? One thing you can do is prepare & file an Answer to the petition and attach as an exhibit the discharge summary. In any event, highly suggest that you schedule a follow-up consultation with a Dutchess/Westchester Child Custody lawyer.

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