Legal Question in Family Law in New York
Increased visitation time
The current visitation order has been in effect for about a year and a half me with EOW and 1 day EO week. Now that we are finally divorced, my ex has introduced a new man to my children's lives as ''their new daddy now'' and has been writing in their HW books things like ''I went to my other dad's house''..in her own script; (I have pictures of all of this). She has also started sending them over in jackets that are 2 yrs old that are too tight and not warm so that I have to go out and buy new jackets for them even though my time with them is so short. Now that she is finally about to return to her day job, she is also trying to get child care from me even though I am available to take care of them during this time. We live across the street from each other- can I request more time in court based on proximity and the fact that I feel as though I am slowly being alienated from my children? Since we are so close I want them 1 week off 1 week on- is that too much to ask? They were also having some problems in school with their HW not being done, but their teachers said it was being addressed, can I use this now? Finally the big question- how much would all of this cost, since I don't want to jeopardize this by doing it on my own? Thanks
2 Answers from Attorneys
Re: Increased visitation time
There seem to be several questions here.
(1) joint custody where you have the child one week and your ex the next week.
This might be the best way to approach the problem. Since the divorce has been decided, much of the conflict may be settled and the doors of communication now open.
This is a definite option. My fee would be around 3,000 for the entire proceeding (petition, legal briefs, court appearances, trial).
(2) increased visitation. Always an option. Since it has been in excess of one year since the original order, the court will hear such a petition in a constructive frame of mind.
My fee would be 1500 for the entire matter.
(3) You want to provide day care for the child. This is very likely to be approved by the court.
My fee would be 1500 for the entire matter.
The issues you relate - new daddy, etc, will provide a favorable backround to your petition. But the most important factor will be your constructive influence and positive attitude towards your ex.
I should repeat that: you will have to convince the judge that you have a positive attitude about your ex in all of your communications with your child.
This is assumed and will not be a problem unless you have been injudicious in your written communications to your ex.
My quoted fees are based on my past experience. This is the average of what I have received from clients in the past for these actions and I have (for some time now) quoted net fees instead of hourly because it lets people plan ahead. That is important and it helps people concentrate on the case instead of worrying about running up fees. Anxious clients make for slips in communication and then mistakes.
Also, I am a perfectionist and I get upset when there are problems that could have been avoided because the client is full of anxiety.
You are welcome to a consultation for no fee. It is best to make an appointment through email.
Re: Increased visitation time
If I understand your questions correctly, you seek increased visitation.
Most, if not all attorneys, who practice in this area will charge by the hour. My hourly rate is quite low. Please contact me if you would like to discuss this further.
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