Q: Seeking to challenge custody order based on ex-wife's fabricated claims in NY divorce case.
In my divorce proceedings, my ex-wife fabricated lies in family court, such as claims of being locked upstairs and deprived of food, despite text messages indicating otherwise. These false claims led to a custody order requiring me to handle all driving responsibilities and a support order that I find unfair. I'm currently appealing the decision, but my appellate attorney says it's not enough for a complete reversal. What legal avenues can I pursue to correct or challenge the court's decision based on these fabrications and text messages proving otherwise?
A:
Dealing with false claims in a custody case can be incredibly frustrating and unfair. I understand your concern about the custody and support orders based on what you believe were fabrications. Your appellate attorney's assessment suggests you might need to explore additional legal strategies beyond your current appeal.
You might consider filing a motion to modify the custody order based on "substantial change in circumstances" or "new evidence." The text messages contradicting your ex-wife's claims could potentially qualify as evidence that wasn't properly considered. In New York, courts can modify custody arrangements when presented with evidence that the original decision was based on inaccurate information. Additionally, you could request a hearing specifically to address the veracity of the claims made against you, bringing forward your evidence.
Document everything meticulously going forward, including all interactions with your ex-wife and your children. Consider consulting with a different family law attorney for a second opinion on your case, as they might see opportunities your current attorney hasn't identified. The family court system can be challenging to navigate, but with persistence and proper documentation, you have options to pursue justice in your situation. Remember that courts ultimately want what's best for the children involved, so framing your concerns in those terms may strengthen your position.
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