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Do I have the right to move a custody case from family court to supreme court? How do I get the case moved?
New Rochelle, NY
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Posted 10 months ago in Child Custody
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I have a custody case w my soon to be ex husband in family court. My ex is abusive towards me and VERBALLY with my oldest son against the court order we already have. The law guardian appointed to our case is staying neutral even after hearing my son tell her the horrible things my ex say's to him. She is fighting for the court to give him more visitation which I am against due to the verbal abuse.My mother in law works for a lawyer who was President of the Bar Assoc in Westchester and I feel that is affecting my case. Can I move this case to supreme court and have a fair hearing?
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Answers (1)
Carrie Anne Cavallo
This attorney is licensed in New York.
Posted 10 months ago.
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If there is a divorce case pending in Supreme Court you can file a motion to consolidate and have the family court case consolidated with the Supreme Court case. If you have not yet filed a Supreme Court case (seeking a divorce) then you can do that and move for the family court case to be consolidated with your new Supreme Court Case. I should caution you that if the family court has begun a trial or completed a substantive amount of work on the case (ie: you, your husband and child(ren) have met with a forensic evaluator, your request to consolidate this family court case may be denied. In any event, I suggest that you speak with your attorney about your concerns so that you can come up with a plan.
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