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.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
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.
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!
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.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
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.
* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.
Sign up to receive a 5-part series of useful information and advice about child custody law.