Q: I have been battling a absentee father in family court and the first petition went to trial just this past Feb. Three nights prior, he hacked a friend’s FB who I was talking to (he had previously gained access to my account to steal photos) and threatened my life. A restraining order was served on him the day of trial. He withdrew the petition and the next day filed a habeas corpus (which I thought was only used by custodial parents), violation, and modification. He lied on all of the petitions, stating that I was granted custody in 2008. I have had custody since her birth and an order was finalized in court in 2006, not 2008. It was modified in 2008. He also wrote that he wants custody RETURNED TO HIM.
While I have not seen his financial affadavit, I know that he makes more money than he is disclosing because he claims to not have enough money to afford an attorney and he is retired from the city with a nice pension, plus Social Security Disability.
The judge doesn’t he’s lying, although the order clearly states RESETTLING original order. Is this enough to fight the habeas corpus or get it thrown out? He is lying about everything under oath and on his petitions.
A: If he does not have custody, then it’s accurate the Habeas petition should be summarily dismissed. Ultimately whether he can be proven to have lied is dependent on the proof at trial – though you may wish to engage in pre-trial disclosure to really “lock him in.” Schedule a consult with a White Plains Family Law attorney for a full assessment.