Elair_cutiepie

Abuser trying Everything to get his way

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So two years ago I took my son from ny state and left for Florida  after my husband threatened my life for custody. That was in 2013. The days ago. Feb 2016, I found out that in Feb of 2014 he was awarded sole custody of my son. Now, I was never served, informed, or contacted by him or any law official ( including a proper sapena to court) about this matter. Due to my absence of this unknown affair he was awarded custody. Now we are still married and I found out that he served papers to his mother's house ( my last known residence to him) and the papers were received by either his mother or sister, yet I was still not informed. Now...Feb 2016 ( found out by legal aid that was trying to help me gain a divorce due to abuse) he has filed violation of custody/visitation rights. Yet again, that had no knowledge of to begin with. Upon calling new York attorney,  I was told to request a traverse hearing.... One I'm unsure how to  that. Two I'm in  need of more advice on how to present  abuse  to the courts since I'll be going through the courts by phone. 

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@Elair_cutiepie

I'm so sorry that you're going through such a terrible ordeal.  However, I'm afraid we are not equipped to offer suggestions as to how to present abuse to the courts due to the fact that this is a credit/debt forum.

What can be said for sure is that you need to get a consultation with a family law attorney in order to have your questions answered.   Contact the state bar association of the state in which you currently reside and request the names of family law attorneys in your area.   If you cannot afford a consultation fee (perhaps your family would help), then contact Legal Aid for the names of attorneys with whom you could consult either for free or for a lower fee.

We wish you the very best. 

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I agree with @BV80 that this isn't the greatest place to look for family law advice, but I can tell you that you do not want to mess around with an alleged violation of a custody/visitation order.  You need to get in touch with a lawyer in NY ASAP, and if you cannot do that, call the court where the violations paperwork was filed and find out how to make an appearance for this alleged violation.  Now that you have been made aware of the accusation, doing anything but trying to make legal remedies appears as evasion and that's a very bad thing in the eyes of the court and can have serious repercussions with your future attempts to regain custody.

I know facing this is scary, but you'll be much better off if you hit it head on ASAP.

Best of luck.

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When I was younger, I was a process server so I am very familiar with traverse hearings.  The attorney is right, you will need to request one.  You will have to do it by motion to the Court.  It is probably a little difficult for a pro se to do alone with no experience in litigation, and I would highly suggest an attorney.  Also, you will likely need an attorney to appear in Court on your behalf you won't be able to do everything over the phone as there will be hearings.

I know a family law attorney in Nassau County, NY who handles custody matters who I can recommend.  If you are unable to afford a private attorney - NY has multiple organizations that provide low income new yorkers free or cheap legal services.  I'm not sure if you living in Florida will be an issue in retaining the use of legal aid.

But you should try calling legal aid in the county your matter is pending for information if they can help you.

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Thank you so much for everyone who replied to this post. I'd like to apologize for posting a family court matter on a credit law forum. The stress and fear has really jarred my alertness. I found this forum on a Google search for traverse hearings. 

I really do appreciate the advice regardless of the mix up. I feel stuck and fear formy son's safety so I feel stuck in between a rock and a hard place. 

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@Elair_cutiepie

There's absolutely no need to apologize.   Please send a PM (private message) to @usctrojanalum so that he can provide you with the name of the family law attorney in Nassau County.

Scroll over his screen name, and you'll see "Message" which will enable you to send a PM.

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