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Good Evening,

I am emailing here because, hopefully someone can assist me and my boyfriend in guiding us.  We currently reside in NYS.  We want to know is there a way to obtain the records to each of these incidents without subpoenas from the court to show the court evidence that my boyfriend's baby mother is harassing us and hopefully it can help my boyfriend to obtain full custody of his child.
It all started in Nov 2006, my boyfriend, my child and I were at home. We had just arrived from work and from picking up my child.  There was a knock on the door.  I inquired who it was an it was ACS. They were here b/c an anonymous call had been placed against me and my boyfriend alleging that I use drugs and abuse my child.  Also alleging my boyfriend abuses my child.  We went through the process and the case was closed due to it being unfounded.  Now the thing is after the case was closed we obtained the report but, it doesn't provide the caller information.  I want to know is there a way to obtain that information without a court subpoena to prove to the court that our suspicion of either the baby mother or a friend of the baby mother is where the call came from?
The next incident happened in December 2006 during the scheduled pick up of my boyfriends child at a court appointed public place.  The child's mother and the child's grandmother followed my boyfriend to where he had parked his jeep a block away.  As they both got close to the jeep the child's grandmother started using obsence language towards me.  My boyfriend heard what the child's grandmother was saying and so, he finished buckling up his daughter and closed the door to his jeep.  He than proceeded to state to the child's grandmother, "what is the problem?"  I immediately started dialing 911.  The child's grandmother charged towards the curbside and started yelling how my boyfriend had violated the court order by bringing me to the curbside of her daughter's residence.  Now my boyfriends court order doesn't state that he can't be accompanied by anyone to the scheduled pick up at the curbside.  The court denies anyone being present at the court appointed public place.  The court order visitation states the following: Pick-up and return at public place.  Friday pick up curbside at the mother's home.  No one to be present except parents at public place.  My boyfriend if I accompany him to the pick up and drop off parks his jeep a block away where I can have a visual of him.
My boyfriend informed the grandmother that if anyone was violating the court order was her own child for having brought her to the scheduled pick up at the public place.  The child's grandmother than told my boyfriend that no court was going to tell her that she couldn't accompany her child to the public place.  The child's mother than took out the court papers and stated,"these court papers, the court can kiss my ass?"  The child's mother and the grandmother eventually left and my boyfriend and I waited for the police.  My boyfriend filed a report against both of them.  That same night when he brought his child to the scheduled drop off the child's mother started screaming at him,"you have nothing to say now, where's your bitch?"  I was a parked in the jeep a block away.  My boyfriend turned and walked away from her.  Next thing the child's grandmother charges towards my boyfriend.  My boyfriend then back's into the street.  She than starts screaming to my boyfriend,"Hit me now."  My boyfriend told the child's grandmother,"look at how ridiculous you look in front of your grandchild."  The child's grandmother than stated to my boyfriend,"you don't care about your child."  My boyfriend replied,"I don't worry I leave it to the court."  He than walked away.  My boyfriend came to the jeep and told me what had happened.  We didn't call the police this time we just left.  As my boyfriend was driving his cell phone rang. I answered it.  It was the child's mother.  She than started to say,"Hi Bitch."  I stood quiet.  The child's grandmother than stated,"Can't say anything scaredy cat."  I stood quiet. She hung up the phone.  
We were at my apartment when I received a restricted call on my cell phone.  All I recall the person saying,"Bitch,"and hung up.
Can we possibly obtain video from the public place where these incident's occurred without a court order?  As far as the call's is there a way to request from the cell phone companies a trace of the call's that came into our cell phone's for those two incidents without a court subpoena?  My boyfriend obtained a temporary order of protection against the child's mother and the child's grandmother for these incidents.
In January I went to court and I informed them of the incident all they offered me was the opportunity to come to mediation with both parties: child's mother and grandmother.  I went to the scheduled mediation but, neither of them showed up.  Being that the mediation is voluntary is there something I could obtain from the mediation center that my boyfriend could submit to the court to show that I did this.
In January my boyfriend had the child's mother arrested for violation of the temporary order of protection but, after this happened she started harassing me.  
On February 2006 I received an email supposedly from my boyfriend stating that he was messing around with a bestfriend of his that happens to be a female.  Please note me and his bestfriend who is a female get along and my boyfriend doesn't have a relationship except friendship with the girl.  Anyway supposedly my boyfriend sent it to me by mistake is what the email was to come across as.  Is there a way to make the company where the email came from look into finding out where the email originated from? We are hoping it leads back to the child's mother or one of her friends.  The only thing is there a way to obtain this without any court order?
Approximately two days later the child's mother came from behind where the jeep was parked and as she got in front of the jeep she turned around and started doing obsence gestures towards me.  I was sitting alone in the jeep because, my boyfriend was waiting for the child's mother at the public place.  I dialed 911 immediately and reported the incident.  When my boyfriend returned to the jeep he found out about the incident.  My boyfriend was upset that that had occurred while in his absence.  The police arrived and I filed a report.  
I then went on Monday to the criminal court to see what options could be offered to me.  Once again I was only offered mediation and I informed the clerk that the last time I was offered the same option and she never showed up.  I than left the court.
About two weeks later I accompanied my boyfriend to a scheduled parenting time to the curbside of the residence and the child's mother came downstairs and took a picture of me from the curbside.  I called 911.  When the police arrived they told me that that wasn't harassment.  I then did research and upon my investigation it clearly based on the NYS Law's it was a part of harassment. I went to the local precinct in the city where the incident had occurred and I explained to the police officer the incident and he told me that taking a picture in a public place is not harassment. I explained to him their is no reason for it and it is annoying.  He then told me to file the report.  I filed it.  Is there a way for us to obtain the police report to any of these incidents and also the 911 call's without any court order's so, when my boyfriend returns to court he can use the information as evidence against her?
So, as you can see my boyfriend and I have had alot to endure from his baby mother and I keep hoping things will get better but, my boyfriend tells me not to expect it.
Please note any help in guiding us legally on how to proceed to these matters would be appreciated.
Thank you

Hi Everyone,

I am posting this message because, I would like to inquire the following:
Can a Lawyer know if his/her client is lying to him/her?  The only reason I ask is because, my boyfriend's BM has been assigned a court appointed lawyer and I just wonder if the lawyer will be able to know if the client she is representing is stating the truth?
The last court date my boyfriend and his BM went to court the BM stated that the child and the BM were both seeing a therapist and that the therapist indicating that the child is to speak to know one but, the therapist.  Is it legal for a therapist to advise a custodial parent that the child who is seeing the therapist is not to speak to anyone but, the therapist?

Any answers to these questions would be appreciated.

Thank you,

Hi

I have one question in regards to the following:
My boyfriend doesn't trust his child's mother anymore because, she had him falsely arrested again for harrassment.  My boyfriend is looking to purchase a mini digital video camera that records video and audio.  My boyfriend say's that if he has such an item that he can always use it as evidence to show that he is not the one harrassing that it is she who is harrassing him.  My inquiry being that we reside in NY is that legal for him to do?

Please Advise.

Is it illegal in NY for a child's pediatrician to refuse the acceptance of a letter from a non custodial father for medical records of his child sent via the various USPS services such as certified mail, express mail, registered mail or priority mail?  If their is a law that indicates that it can /can't be done, is it possible for someone to indicate where it can be obtained in there response so, that it can be included in the letter sent to the child's pediatrician?  
Also is there a state law which allow's a non custodial parent access to a child's medical record so, that can also be included in the letter to the child's pediatrician?

The other inquiry is it possible for a lawyer to obtain a subpoena from a judge for the cell phone company so, that he can show it as evidence that the child's mother has contacted him to harrass him prior to the scheduled court date or is that something that the lawyer would have to wait till the scheduled court date to request from the judge?

Thank you

If my boyfriend filed for an uncontested divorce against his wife.  The day his wife was supposed to show up to sign the paperwork she negated and told the advocate doing the paperwork for my boyfriend that she was going to have her lawyer contest the divorce.  
My boyfriend was then advised by the advocate that he would have to wait 40 calendar days to than come in to the office to fill out some legal paperwork so, the divorce paperwork could be submitted to the court so, that it could be placed on the calendar for the judge to view and make a final decision.  My boyfriend was never served with any paperwork from his wife.  Now he recently contacted the advocate to inform her that he would be stopping by her office to pay her for her services.  The Advocate was okay with it but, then called him back approximately an hour in a half later and told him to forget bringing in the money because, upon her having gone to the court to find out the status of his case.  The Advocate state's that she was informed by the court that my boyfriend's wife went to the court and told them that she had served him and that an affidavit was on file that he had been served.  My boyfriend doesn't understand how she could lie to a court and so, he went to the advocate so, she could explain what would be the protocol now?  As per the advocate she needed his authorization to view the paperwork that was alleged by his wife were served to my boyfriend and the affidavit so, my boyfriend signed the authorization form that the Advocate gave him to sign.  The Advocate told him once she viewed and obtained the information she would contact him.  
Now the inquiry me and my boyfriend have is how can he prove that he was never served and that his wife is lying?  Also, are there options available to my boyfriend to hold her liable for actions?
If you need further details please feel free to indicate via the reply, please note any assistance in regards to this matter will be appreciated.

Hi,

I am posting this because, I need advice on how to help my boyfriend.  We currently live in NYS.  
My boyfriend has a visitation order that states the following:
Vacations: Winter, Mid-Winter and Spring Recess from 5pm-9:30pm: father to be entitle to two (2) days out of the recesses.  The parties shall agree to the days/dates of such visits during the week before any such recesses.  
Holidays: 11am-7pm pickup and drop off curbside of residence.
My boyfriend has been sending letter's to his child's mother to coordinate the two day's he is entitled to but, in the last response he rec'd from the child's mother, she is indicating to him that the recesses are holidays.  
My boyfriend then replied to her via a letter, "that if recesses are holidays then the time should occur from 11am-7pm and the pick up and drop off should take place at the curbside of residence."  He also drew up a table that gave her two options which had dates, time and location to occur for the parenting time for the school recess based on the holiday schedule.
My boyfriend had the letter sent via a courier service to the child's mother's workplace and as per the messenger the office refused the letter.  
My boyfriend then faxed it to the child's mother workplace and rec'd a confirmation sheet indicating it went through. but, my boyfriend to cover himself sent it via Express Mail and when he checked the status of the Express Mail it is indicating that it was refused by addressee.  
My boyfriend doesn't know what to do now b/c the letter directed the child's mother to reply before April 4, 2007 via his employer's fax.  
My boyfriend also indicated on the letter, "if I receive no response to the contrary I will assume the first option on this current letter is acceptable to you."
Should my boyfriend go to the curbside of the residence as he indicated on the letter to the child's mother he would do if he received no response or should he not show up?  Need urgent help any advice from anyone would be really appreciated.

Hi

My Boyfriend is currently fighting for full custody of his daughter.  He went to court yesterday and the court has stated that a forensic assessment must be done of both parties and individuals that live in the household with the parties. My question is what is a forensic assessment?  Please note we all live in New York.

Thank you

Hi

I am posting this message because, I have a concern.  My boyfriend has decided to fight for full custody.  The court has requested that home visit be done to both parties.  Today the ACS worker contacted my boyfriend to set up a date and time to come over to the apartment.  The ACS worker told my boyfriend that he needed to interview all parties living at the apartment with him.  My question is if the ACS worker wants to interview my child, I want to know in NYS what is legal when it comes to an ACS worker interviewing a child?  Can the ACS worker interview the child separate from me while I stand outside the door or am I allowed to be in the same room that the ACS worker is interviewing my child.  If anyone could please get back to me I would greatly appreciate it.

Thank you,