NYC Modification of Visitation Lawyers
Married couples with children have to request a court for a visitation schedule for the non-custodial parent. This is also the case when couples are not married and do not live in the same household. It is possible for things to change in the lives of either parent or both of them. There may come a time when the visitation schedule initially agreed to by both parents needs to be modified.
Change In Circumstances
It is possible for either parent to request a modification of a court-ordered visitation schedule. They will be required to demonstrate a significant change in circumstances since the initial visitation order was put in place. Should an agreement not be in place, a court would have to have a contested evidentiary hearing. This would be done to decide if the modification proposed by a parent is in the best interest of the child. A court will determine how the modification could affect the child. Grounds supporting a change of circumstances must be demonstrated. Should a parent want to change their visitation schedule just to make things more convenient for them, it is probably not going to be considered.
Geographic Move
Courts understand a long-distance move will alter the stability of a child’s life. In some situations, this has caused courts to change custody from one parent to the other. What often happens is parents work out a plan so each can continue the relationship with their children. If the parents are not able to reach an agreement, a New York court may permit the move after determining which parent should be given physical custody.
Change in Lifestyle
Visitation orders can be modified if significant changes occur in the lifestyle of one or both parents. These could be changes such as the custodial parent being required to work at night and unable to have someone watch their child at this time. It could also involve one parent starting to take drugs or drink heavily. It’s possible the modification would include only visits by a parent when they are sober or when another adult is with the child. If a lifestyle change requires a modification of visitation, it is open to the interpretation of the court.
Abuse Or Neglect
Should Abuse Or Neglect be apparent after visitation, a court will grant a modification. This requires submitting an affidavit to the court. This affidavit will need to provide details and fact concerning the neglect or abuse. These facts should prove a modification is in the best interest of the child. This is also the case if the child is shown to be in danger or subjected to unsafe living conditions by a parent. This will be done if a child has been abandoned by a parent and more.
Remarriage
Should either spouse remarry the original visitation schedule as well as other obligations, may need to be changed. This is considered a reasonable justification to modify child visitation.
Health
It is possible for one parent to develop health issues that will impact their visitation. This could involve long-term injuries as well as terminal illnesses and more.
Detrimental
It is possible for a modification to involve a suspension of child visitation privileges. This happens if the court believes the visits are having a negative impact on the well-being of a child. This will require a court to find exceptional circumstance exists for a suspension of visitation to be ordered. In most cases, a court will try to encourage a relationship between a child and their parent.
Legally Binding
It is possible for a couple to informally modify their custody arrangement. If both of the parents agree to the change, there may not be a need to take it before a court. The downside to this is if one parent decides they will no longer honor the agreement. In this situation, there is no legal recourse for the other parent. Should there be a significant change in visitation, it may be best to try and obtain a child modification using the court system. Once a judge has signed the modification, it is legally binding. The court will be responsible for enforcement of the modification.
Any modification to visitation is most successful when each parent is dedicated to working together for the best interest of their children Unfortunately, there are couples where one spouse is unwilling to accept any type of change or is not fulfilling their visitation requirements. When a parent believes a modification for visitation is required, they should discuss it with a New York attorney. They will know if the requested modification will be successful and what is required to get it approved by the court
Should I be worried if I haven’t heard from my lawyer for 2 months?
Communication is very important between clients their attorneys. A problem could be occurring if you stop hearing from your lawyer for 60 days or more. Although there are legitimate reasons why this might happen, it should always be a reason to worry and take action. Here is what you should understand if you have not heard from your lawyer for two months.
Obligations under Legal Ethics
Attorneys today are bound by a code of legal ethics. These are ethical standards that every lawyer is expected to meet regardless of the client or the case. One of those standards is replying to client communications in a timely manner. Although this is not clearly defined, it does usually mean within less than two months. Any attorney who has not responded to you within two months is a cause for concern.
Understand the Status of Your Case
Take a moment to understand the status of your case. Although it is not considered correct, some attorneys will contact clients only when there is something happening that affects the case. A lawyer might actually be waiting for something like a detailed medical record, police reports or legal documents from other parties. Check through any paperwork you have to see if your attorney might actually be waiting for something to occur before contacting you about your case again.
Try Making a Short Appointment
If two months pass without a word from your lawyer, then you need to start proactively attempting to contact the attorney. Start by trying to make a short appointment at the law firm with your lawyer. Call staff on the phone or leave a message. Ask to schedule a 15-minute phone appointment if possible. Many lawyers will agree to this. You can use those 15 minutes to express your concerns and get an update about your case.
Request a Meeting in Writing
If you do not get a prompt reply to your request for a phone appointment, then the next step is to request a meeting in writing. This is the official way to get the attention of your attorney. Write a letter asking your attorney to contact you within 21 days of receiving it. Send the letter to the office of your attorney through certified mail. The letter should trigger your lawyer to contact you in the way you describe in writing. Give the lawyer until the end date in the letter before moving on to measures that are more drastic.
Get a New Attorney
If your attorney still does not reply to you even after receiving a certified letter, then something is wrong. You will need to get a new attorney. You can do this by formally firing your current lawyer with another written letter sent through certified mail. Try to have another experienced attorney lined up to represent you before firing the current one. This can reduce the chance of delays or other problems with your case.
Remain Polite At All Times
It can be incredibly frustrating going through legal proceedings without hearing from your attorney for 60 days at a time. It is still important that you remain polite and professional at all times. Do not threaten or argue with your nyc divorce lawyer. Remain calm and collected during any communications even if you never hear back. This is going help you avoid problems in the future if you are overly aggressive or make threats.
Family law cases are a very emotional time for everyone involved. If there are children involved, then there is an extra level of pressure and concern for their well-being as well. If you have a case for visitation that you need to be modified, then you need the most eligible, experienced and creative attorneys on your side. You can be sure that your opposition is going to exercise every resource in their power to keep you at a disadvantage. The time to act against that is now with the dedicated New York family law attorneys of the Spodek Law Group (spodeklawgroup.com).
– Who exactly is the Spodek Law Group?
For 36 years, the Spodek Law Group has been serving the good residents of New York from all five boroughs with dedicated family law service. Whether you are from Queens, Staten Island, Brooklyn or anywhere in between, our centrally located Manhattan office is literally steps away from all of the major train junctions that connect New York City. We also have the ability to advise you over video chat if you cannot make an appointment for any reason.
For 36 years, we have cultivated knowledge and relationships within the New York family law court system that will help turn the tide in your favor. Our attorneys understand the unique personalities of the people who will be making decisions about your family. We know how to bring evidence before them in a language that they can understand. We will use both our knowledge of precedent as well as the professional personalities of our attorneys to present your case in the best possible light.
5.5% of the residents of New York City have undergone a divorce. Modification of visitation cases often come with divorce cases. If you are one of the people who fit into this category, fear not: We have plenty of experience with just this type of case. We will be able to assign you a dedicated lawyer specifically to research your case and find precedent law that will apply to you.
On top of providing you with over three decades of experience, we will also provide you and your family with the discretion that you deserve. We have represented some of the most important public figures in New York, people who have been on all of the major news networks and plenty of cable stations. We will give you the same treatment even if you are not an A-list celebrity. If you want to see exactly how we provide for our clients, you can look over the list of testimonials on our website. We pride ourselves on being able to bring you a family oriented law service that will have you feeling at home in the court and when you talk to us.
– What can the Spodek Law Group do for you in family law court?
We begin your family law case with a free assessment so that you can determine if we are a good fit. We will list our experience and our methods to you. We can also go over financial arrangements if you want. We understand that family law cases can be quite a financial burden, so our service includes making sure that you are receiving all of the financial opportunities that are available to you in other aspects of your case. If there is any money on the table for you, we will find it.
We will then assign you a three-person team that will work specifically on your case. As mentioned before, you will have one attorney who is dedicated to finding applicable precedent and other research that will help your case. You will also have two additional attorneys who will help you with courtroom strategy and represent you in front of the family law judge. We want to give you three attorneys instead of one in order to ensure that we have touched upon all aspects of your case.
We are one of the only law firms in New York that guarantees its service even after the case is over. If you feel that any part of your case has been mishandled, sit down with us and we will fix it. On top of that, we will not charge you any additional monies in order to make things right. We pride ourselves on sending our clients fourth with the ability to speak highly of us to others in your social circle. This is how we have built the reputation that has preceded us in New York, and this is how we plan to continue doing business moving forward.
No matter where you are in your case, it is never too late to have true expertise on your side. Give us a call or email us so that we can begin putting your team together for you. There is no reason that the emotions of your visitation case have to turn into logistical and financial nightmares for anyone in your family, especially your children. We look forward to helping to bring balance into your life and into the lives of your children through the New York family law court system.
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