Q: via a series of phone recordings, frantic emails to come pick her up, frantic text messages saying she needs help, my older daughter being thrown against a wall when we came to rescue her, etc. When I brought the case to Supreme Court as an Order to Show Cause for a change of custody due to a substantial change in circumstances: child abuse, it was dismissed / denied with an appearance but no hearing – due to my ex’s mob connections. Before you roll your eyes, my ex’s father wrote a book about his mob connections, still on amazon.com. My question is, even though the Supreme Court matrimonial part dismissed/denied my OTSC for a change of custody, can I still go to the District Attorney with my evidence of child abuse, since child abuse is a crime?
A: David’s Answer: Here’s what you should have done: file an appeal. Even if you think your ex “got to the Judge,” same is substantially unlikely in the Appellate Court simply because the Judges are assigned to cases in secret & there’s no way one can find out the Judges assigned to a particular case until the decision is done. That said, you can certainly report the abuse to CPS and/or the police. You should also schedule a consult with a Westchester Child Custody attorney for a full assessment. – David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)