Attorney Larry Margolin was hired to represent a father who was removed from his Suffolk County home and his infant child because of a temporary stay away order of protection that his wife obtained ex parte. At the first court conference for the case, which occurred three days after the father was served with the court papers, the mother asked that the father have very limited supervised visitation with their toddler with no overnight visits.
Attorney Margolin pointed out that the father denied the allegations, there was no allegation the father harmed or threatened anyone, and the basis for the petition was a simple argument about a failing marriage that did not rise to a family offense.
Over the wife’s objection, Attorney Margolin got the father an immediate unsupervised visitation schedule with overnights every other weekend and a weekday visit. After the next conference, Attorney Margolin got the mother to withdraw the petition and drop the temporary OOP.
