Q: My fiance got a notice for writ of habeous corpus we didn’t know what that was so she went to court. When she got there she was arrested in the court room stating that she was keeping my son from his mother which was a lie. a lil background is I had joint custody with the mother of my son. She walked away and left him with me so she can go live with her new boyfriend for 3 years she disappeared and didn’t see him, she never did anything for him, never looked for him, never provided for him, never did anything the court asked her to do. About 6 months ago she contacted me wanting to see him and would promise to come see him but would only see him once a months even though she lived 5 blocks away. She went to court stating I didn’t let her see out son for a month and that i was moving to NC with him. The judge did not let the lawyer come to my defense and would shut us down and my son was taken away from me and given to his mother who abandoned him for 3 yrs.
A: If the Judge issued an order like that, my advice would be to appeal. My advice also would be for you to file an OSC with all of the evidence you have that the child was residing with you – and that she rarely visited the child – and request that the Judge reconsider the ruling. For a 2nd opinion, schedule a consult with a Bronx Family Law attorney.