Temporary Order of Protection Dismissed Against The Father
Nov 09, 2020
OUTCOME: Family Offense Petition and Temporary Order of Protection dismissed
Attorney Larry Margolin was hired to represent a father who was falsely charged with striking his 18-year old daughter. After a hearing, Attorney Margolin succeeded in getting the Petition and Tempora...ry Order of Protection dismissed after a strong cross-examination that revealed the daughter’s petition and testimony was not credible. The cross-examination brought out there was no physical injury or bruising to the daughter, no photographs of any bruise, no medical report and the note the daughter wrote to the father the next morning made no mention of the father striking her.
Family
Defeated a Violation of Child Support Order and Obtained a Downward Modification of Child Support
Feb 20, 2020
OUTCOME: Defeated a Violation of Child Support Order and Obtained a Downward Modification of Child Support
The Margolin Law Firm represented a father in Nassau County Family Court against the mother’s petition that the father willfully violated a child support order. In a case prior to COVID, the father ha...d serious health issues and lost his employment. Attorney Margolin commenced a petition seeking a downward modification. The mother opposed any downward modification. After a hearing, Attorney Margolin obtained a downward modification for one third less and reached a settlement for the father to pay a small monthly payment for the arrears.
Divorce and separation
Father Retains Sole Custody Of His Daughter
Apr 23, 2019
OUTCOME: Petition dismissed and father retains sold custody of his daughter
Attorney Larry Margolin was hired on the eve of trial to represent a father in Queens County Family Court. His teenage child’s mother had passed away and the child’s maternal grandmother commenced two... petitions seeking full custody and guardianship. The father, who was the child’s natural father and sole surviving parent with a superior right to the care and custody of his daughter, had represented himself for nine months and was on the verge of losing custody of his daughter. The grandmother’s counsel, the child’s counsel and the Magistrate appeared convinced the child wanted to live with the grandmother and it would be in her best interest to do so. Not only did Attorney Margolin show the Court the false allegations in the two petitions, he showed the Court it was not applying the correct legal standard set forth in a leading Court of Appeals case, which was a two-part test, and the Court could not reach the second part “best interest of the child” standard unless the grandmother established the first part of the test. Here, the Petition did not allege any basis for the first part of the test and there were no facts to support the first part of the test. Attorney Margolin got the trial put over and then defeated the grandmother’s emergency motion seeking immediate custody of the child. At the trial, Attorney Margolin made an opening statement that laid out the facts and relevant legal standards that the grandmother could not establish. After the grandmother took the stand and Attorney Margolin objected to the entire line of questions that were irrelevant, the Court asked the grandmother to withdraw the Petition. After the grandmother refused to withdraw the Petition, prior to the next trial date, Attorney Margolin filed an Order to Show Cause to dismiss the Petition without a hearing, which the Court granted.
Family
Paternity Determined and Sole Custody Awarded to Mother and Child Support
Sep 05, 2018
OUTCOME: Paternity Determined and Sole Custody Awarded to Mother and Child Support
Attorney Larry Margolin was hired to represent a mother where the father denied paternity of their child. Attorney Margolin commenced a paternity proceeding against the father and obtained an order fo...r the father and child to submit to a genetic marker test to determine paternity. When the father refused to submit to the test, Attorney Margolin filed a motion for a default judgment against the father, drawing an inference that if the father had taken the test, it would be most favorable to the mother, and granting an order that the issues be deemed resolved in the mother’s favor holding the father was the child’s father. The father submitted to the paternity test and the Court issued an order of paternity. Based upon the father’s obstructionist tactics and lack of good faith, Attorney Margolin brought a motion seeking an award of attorney’s fees and disbursements, which the Court granted. Attorney Margolin commenced a petition for child support and obtained an order of sole custody to the mother on the first court appearance.
Family
Enforced Father’s Summer Visitation of His Child
Aug 08, 2017
OUTCOME: Enforced Father’s Summer Visitation of His Child
The father, who lived out of State, had an order providing he have visitation with his child for the Summer. When the mother refused to turn over the child after the last day of school, the father ret...ained Attorney Margolin. Attorney Margolin filed two motions seeking enforcement and the immediate turnover of the child to him. When the mother did not appear in Court, Attorney Margolin obtained a warrant of arrest against the mother and was able to get the police to serve the warrant. When the mother appeared before the Judge, the Court ordered that the mother immediately turn over the child to the father.
