New York, NY asked in Family Law for New York

Q: NYS Family Law. As an attorney-in- fact can I file motions and represent a person in arbitration hearings.???

My cousin in court with son mother. Need my help since I understand legal language. Wants to file motions to dismiss case of child support as his first hearing he was served petition papers 2 days before the court date. (April 11) He showed up to court because he didn't know the law about proper serving having to be done at least 7 days prior to court date, neither did he want a default order of anything negative. Respondent was Issued child support order, feels blind sites, has child support garnished from his paycheck. He wants MOTION to dismiss case based on improper service or adjourned until proper service and child support haulted until proper service. SOMETHING to protect his rights!!!

Can he file motions / Affidavit papers for this???Can the paperworkwork be served to Petitioner at hearing if next court date is too near and can it be brought up in the current hearing that is near in 3 days.

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: An attorney-at-law can represent others. An attorney-in-fact (i.e., via a POA) can hire an attorney-at-law for the beneficiary of the POA. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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