Legal Question in Family Law in New York

How to find legal help for Child Custody case

I am filing for a modification of a custody order entered five years ago. The original was for joint legal custody with physical custody with her. I'm trying to modify it to have the children live with me although am willing to continue with joint legal custody. I do this for several reasons. I am remarried and the children have two siblings in my home. There's been problems with an older sibling from an earlier relationship of hers. 15 years old...he's been in trouble with the law and my children express some fears from him. She is living with someone who has interjected himself into my dealings with my children. She's repeatedly violated the original order denying me phone contact and playing games with the summer visitation. The children (now 12 and 9) have also repeatedly expressed their unhappiness in the situation and continually say they wish to live with me. The problem is...I'm representing myself as I don't have the thousands of dollars for an attorney. I'm not afraid of spending the money to see my children are safe and happy...but I can't spend what I don't have. Are there any resources that I might be able to find help with this?


Asked on 8/21/00, 8:22 am

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: How to find legal help for Child Custody case

If you are on public assistance or making below a certain level, you may be eligible for volunteer legal services if you live in a city or boro that provides such a service (like Brooklyn). Otherwise, I suggest you go to the Courthouse and ask for pro se assistance which most courts provide. They should help you file the necessary forms to get a hearing before a judge or hearing officer. Just remember that the judge will need to find a change in circumstances justifying the modification AND that the requested modification is in the BEST INTERESTS of THE CHILDREN. Be sure to bring any evidence with you to court- most judges detest the 'he said, she said' style that most people without attorneys use. The other possibility is to reconsider hiring a lawyer. You don't necessarily have to spend THOUSANDS. Drafting a motion for modification should cost less than $1000. Figure on spending between $250-500 for each court appearance. I hope this has been helpful.

-jstern

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Answered on 8/23/00, 2:08 am


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