Question:
My ex-wife has sole custody of my two children. As per the divorce agreement, she has final say to if and when I see my children.
She has now threatened me with not being able to see my children. I am not sure what to do. What should be my next move?
Answer:
I am not licensed in New York, so I cannot advise you specifically as to New York law. However, Cordell & Cordell does practice in New York and we would be happy to assist you.
Generally speaking, in this sort of situation you should retain an attorney to file a Motion to Modify (change) the prior order restricting your visitation with your children.
Typically, courts are going to strive to give you standard visitation, which in most places is at least every other weekend and possibly a weekday evening to see your kids if you live near the mother.
Obviously, in cases of abuse, drug use, etc., it is much harder to get standard visitation with children and you may have to jump through several hoops the court requires to get there.
But even if you are found to have committed abuse, engaged in drug use, etc., you would still at least have supervised visits set by a judge regardless of whether your ex “allows” it or not.
In the meantime, do everything you can to put yourself in the best position to get custody of your kids, such as eliminate any drug/alcohol use and do a hair follicle test to show you’re clean (if that’s been a past issue); see a counselor voluntarily for domestic violence and/or anger management counseling (if abuse or anger issues have been a past issue); take down any Facebook, myspace, other sites that show you or anyone living with you doing or saying anything inappropriate; get a place to live suitable for kids with room for the kids; eliminate anyone you live with that may pose issues from the court’s perspective (people with criminal backgrounds, drug/alcohol issues, etc.).
I have only provided you with general legal information. For a more in-depth answer you should contact a family law attorney licensed in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Carrie H. Westbrook, an Associate Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.
