The current order was written when my son for a baby, a lot of things have changed since then. I wish to rewrite the current order by adding some stipulations into it and elaborating on some of the ones already ordered, We are currently involved with a separate court case and have to go to court at the end of the month. Can I rewrite the order we already have and present it to my lawyer? My ex likes to try and twist what's said in the order to fit whatever she happens to want. I wish to add in guild lines to follow. Would I need to file another motion for modification or can I present it at the current modification date?
Divorce / Separation Lawyer
If you are in the midst of a modification proceeding, you can address the changes in this action. You may need to amend your pleadings.
It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>
You can also go to mediation and work out some of the rough spots where you and your ex disagree and try to work out procedures for making visitation workable, and both sides can express their wishes and concerns to a neutral facilitator. It's typical for people to argue and "twist" terms in the orders to favor their positions, but why it's also equally important that the orders try to clarify the issues and procedures to be followed going forward so everyone knows what's expected of them and the order spells out how it should work so there aren't continuous arguments.
As the children get older, they too have more "say" in these matters, and what they say to the Attorney for the Children about their wishes is more taken in to account.
It's not unusual for exs to harbor anger and bad feelings about failed relationships, but the Family Court tries to focus on both parents cultivating as normal and full a relationship with the children and to get the parents to focus on those needs of the child rather than using the process to continue petty and selfish bickering with each other to settle scores and continue conflict.
Mediation with a neutral facilitator can help parents who are not focusing on the child not to look at the process as a "win-lose" points scoring exercise but something that can help the children live as normal a life as possible. Sometimes, unfortunately, lawyers exacerbate this process to prove their value to their clients.
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Your attorney is in the best position to advise you. They are, presumably, aware of all the facts and circumstances of your case. Ask them.
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Child Custody Lawyer
I agree with the advice that you speak to your lawyer about this issue. While this site is fantastic for obtaining a broad range of information from experienced attorneys, it is always best to speak to your own attorney if you already have one. There is nothing more frustrating to me as an attorney than when a client does not want to take my advice because he has spoken to someone else---who is less familiar with the specifics of the case.