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How can my lawyer use a defense of Intimate Partner Violence in family court if he has custody?

Carthage, NY |

I escaped an abusive marriage w/my children after 13 yrs, I did everything I could for them even with nothing that I had. When I left him he had everything, I had nothing, we began to battle it out in court. I was broken down emotionally, and the torment he put me through, I felt like I had no more fight left in me and attempted suicide, he was granted sole legal custody. In five yrs I have been fighting for my rights back and have never been disconnected w/my children. I was granted every other wkend visits, holidays, bdays etc. Even in 5 yrs, they still remained in my life, How can I fight for my rights back for my children?

Attorney Answers 5

  1. Based upon what you are saying you still have your rights you just don't have custody. Unless there is a substantial change in circumstances you will not be able to request much less win a custody battle at this time.

    I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated. You can also choose a "best answer" if you wish. This is easy to do and greatly appreciated.

    This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.

  2. Not to sidestep your question, but truly, if you have an attorney who is working with you and familiar with your case, that is the person to whom you should be directing your questions and expressing your concerns. You are in a difficult and complicated situation and a "simple" answer isn't available here or anywhere else. I suggest you talk to your attorney and if you do not feel that he or she is able to do what needs to be done, or you've otherwise lost confidence, then you should seek out another attorney. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

  3. Since you already have visitation rights with your children, I assume your question is how do you get back custody rights. Unless there has been a change in circumstances since the custody award was made (other than just the passage of time), that may be difficult to accomplish. There may be ways for you to acquire some of rights that custodial parents have without the "label" of being a legal custodian. You should discuss your situation thoroughly with an attorney well versed in family law.

    This answer does not constitute the establishment of an attorney/client relationship. It is a general answer based on, and expressly limited to, the information presented.

  4. Repost this in Family Law.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  5. If you believe you have a grounds, filed for modification.

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

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