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Visitation is an ugly word for a parent who does not have primary custody of his or her children following a divorce. Visitation in New York can be extravagant, but it can also be minimal depending on the stipulations of the agreement. If you’re the parent who has been issued visitation rights with your child or children, you might want to see if the court will provide you more time with your kids. Ideally, your ex-spouse is respectful of your relationship with the kids and happy to allow you as much time as you need with your kids.
Unfortunately, this is not always the case in custody hearings. There are some parents who don’t put the needs of their kids first, and they fight to minimize your time with your kids to punish you for their own issues with you. It’s not fair. It’s not right, and it’s not illegal if that’s what the court determines. Calling a visitation lawyer can help you start the process of gaining more time with your kids that your ex can’t take from you.
How can a visitation lawyer help me?
New York court officials go by the overwhelming rule that spending ample time with both parents is healthy for kids provided they have a good relationship with both parents and both parents are trustworthy. Kids need their parents, and the judge in every case wants to see good parents receive ample time with their kids.
However, there are issues that arise in many custody hearings. If one spouse cheated and hurt the other unbearably with their actions, that spouse might become vindictive and make false claims of neglect, abuse, or absentee parenting. These claims must be proven, but it can make your own custody battle more difficult.
A visitation attorney can help you fight these accusations and receive more time with your kids. There are always provisions to these agreements depending on the overall mental and emotional health of both parents, other children, and even stepfamilies. An attorney can help you present a case for maximum visitation as allowed by the court depending on the circumstances of your case.
Changing Your Visitation Order
Perhaps you’ve already been through the custody hearing, and you want to change the order or modify it to spend more time with your kids. It helps to call an attorney. You cannot force your child’s other parent to provide you with additional time with your kids if they’re unwilling, so taking your case to court is the only other option.
Are you relocating? Did your work schedule or career change? Did your life circumstances change? These are all grounds for modifying your visitation schedule, and each one can help you deal with the change in your child’s life as well as your own. You are free at any point following a custody agreement to call an attorney for help modifying your arrangement.
It’s helpful if your child’s other parent is in agreement with the changes from the start. This requires nothing more than filing some paperwork, obtaining some statements from both of you, and modifying the agreement. If the other parent is against this, it’s going to turn into a fight in court.
An attorney can help you spend more time with your kids, modify existing custody agreements, and change visitation rights if your life has changed. Family courts want parents to spend time with their kids, and they tend to look favorably upon parents who want more time with their kids. Make it known, hire an attorney, and focus on helping your kids get more time with you.
If you hire a divorce lawyer in New York, then you trust that professional to represent you properly under the law. A problem occurs when your attorney seems to suddenly stop acting on your behalf. You could end up being harmed legally or financially if this happens. Here is what to do if your lawyer does not act on your behalf.
Understanding the Responsibilities of Lawyers
Attorneys have certain professional and ethical responsibilities that must be met in order to practice law in the country. Lawyers have a fiduciary duty to serve clients. This means the attorney needs to do several things from zealously representing a client to listening to what the person wants in regards to legal decisions. Lawyers must act on your behalf as an advocate. Failure to do so could be considered a breach of fiduciary duty, negligence or even legal malpractice depending on the situation.
Meet With Your Attorney Immediately
You should immediately meet with your attorney once you realize there is a problem. Arrange a face-to-face meeting. Get your facts about what is happening straight before you arrive. It is important that you are clear and blunt with your attorney without being rude or overly aggressive. Describe exactly what is making you upset. Use as many specifics as possible. Ask your attorney why he or she is not acting on your behalf. Try to get real and concrete answers so that you know what to do next.
File a Complaint with the State Bar Association
Not acting on your behalf can potentially be an ethical violation for a lawyer. If this is the case, then you can file a complaint with the State Bar Association. The complaint will cause professionals at the State Bar to look into your allegations. If you present enough evidence, then a full investigation of the lawyer will start. The complaint could potentially lead to charges against the attorney. It could even lead to disciplinary hearings or revocation of the license to practice law. Filing a complaint could also cause your attorney to suddenly start representing you correctly and ethically.
Secure another Lawyer to Protect Your Rights
If no resolution has been found, then you must secure another lawyer to protect your rights. You should find another lawyer to take over your current case. You might also want to find a lawyer who will protect you against possible retribution from the previous attorney. Your former lawyer might attempt to do things like sue you for unpaid fees or sabotage your case. Having a competent lawyer defending you against those possibilities is something that can help immensely especially while going through other litigation.
Terminate Your Attorney
It is usually a good idea to terminate your attorney after trying and failing to resolve the problem. You need to do this officially. That means writing up a letter of termination and presenting it to the lawyer in person. You could also send the letter through certified mail if there is an unofficial understanding that the attorney was fired.
Potentially Pursue a Case against Your Former Lawyer
The reality is that a lawyer who does not act on your behalf might damage your case and cause you financial harm. The actions of the attorney could be considered malpractice or negligence. A final step could be to potentially pursue a case against your former lawyer. You might be able to collect monetary damages if the attorney did violate ethical or professional rules that hurt your case.
This article was written by Anna Navarra – an attorney with LosAngelesPersonalInjuryAttorneys.com
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
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