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Can I inform he judge of violations from the custodial parent at the hearing for modification and enforcement?

Yonkers, NY |

I've already filed petitions for modification and enforcement and my hearing is in August. My ex continues to violate the order. Should I file another enforcement/modification or can I mention these incidents to the judge during my hearing in August? Can I also request therapy for my daugther and I? I've tried to speak to my ex about providing therapy for our child but my ex continues to state that our child is ok and that her outbursts are because of me. Do I need to file a petition for the therapy request or can I ask the judge in the August hearing? I'm not able to afford an attorney so I am doing this pro se. Thank you in advance for any help provided.

Attorney Answers 3

Posted

You have apparently posed this question on this forum several times. The answer is still the same: yes, you should file petitions covering subsequent violations. Also, there is no specific petition to file in order to request family counseling. Moreover, if you cannot afford an attorney, you should request assignment of counsel.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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Posted

duplicate post

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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Posted

You keep reposting this string of questions and you will always get the same answers.

First and foremost, you cannot expect us to guide you by remote control as to what is the best strategy to employ in family court. We cannot accurately respond as to whether yet another petition must be filed or whether you can orally inform the court of the problems you allege. For the best possible approach, you must have an attorney who can hear all your facts and deploy your case consistent with those facts.

The family court is not your friend. You are not going to win a slam dunk by merely making a few allegations. There is a burden of proof you must sustain and rules of evidence apply across most articles of the family court act. An assignment of a therapist can backfire and go against you.

There are many reasons an "order" may be unfollowable. I have seen many orders which require exact exchange times with no grace period for traffic or rail delays. Some are silent as to holidays and vacations and there are others that miss important days like birthdays. These orders may be in actuality stipulations between the parents that are made into an order of the court, and many of these stipulations are copy/pasted off of the internet. Their contents are incomprehensible and language is unfollowable. Many parents don't realize these orders are minimums the parents must adhere to, but are free to negotiate additional or different provisions if done in writing.

Seek out a family attorney to review your whole case. Don't wait until August. This is your link to eternity we are talking about: no greater impact upon a person than in any other area of our law.

Good luck.

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