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Mid trial, wife wont agree to allow me unsupervised visitation back. What papers do I file to have judge decide if its ok?

Mineola, NY |

im pro se and she has lawyer. Nassau supreme court.

Attorney Answers 6

Posted

I am sorry to hear about your wife's tough stance against you. You may be able to file a motion to request visitation rights to be restored. It's possible that the Judge will not decide the issue until after the hearing/trial is completed. The Judge might even consider an oral application to restore your unsupervised visits. In short, there is no exact answer to your question. It depends on the circumstances and the players involved (the judge, the attorney for the child, the parties to the case etc.) I am a matrimonial and family law attorney. Give me a call if you would like to discuss the situation, it would be my pleasure to speak with you about it.

Darren M. Shapiro, Esq.
www.NYAttorneyDivorce.com
516-333-6555

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Posted

There is not enough information in your question to give a very comprehensive response. However, if you had been having unsupervised parenting time with your child/ren until the trial and there was no order by the judge prohibiting unsupervised visits, then your chances of enforcing unsupervised visits are much improved. If you presently have a temporary order of visitation or a stipulation for supervised visits, expect that the judge will not make a change until those issues are heard at trial. Either way, you will have to raise this with the judge either at the next appearance or by a proper written motion. You are at a disadvantage going to trial and dealing with a 'supervised visitation' circumstance, when you are not represented by counsel, especially so when your adversary has counsel. My best advice to you is to consult/retain counsel to protect your rights.

This post does not constitute legal advice. It is meant to provide general education in this topic area. Readers are cautioned that they should consult with an attorney for legal advice specific to their issue. This post does not create an attorney-client relationship. The question and response are publicly displayed in this forum and nothing herein is to be deemed confidential. Mr. Green is available in Nassau County for consultation by calling (516) 345-8080 to make an appointment. Office hours are by appointment only.

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Posted

Mid-trial you're not going to be filing papers any longer, you're going to be putting in/defending a case to the desired end of unsupervised parenting time. As you don't advise how you got to where you are, it's hard to define the path for how to get back. You have to look at what the basis was for the imposition of the supervision in the first place. The fact that you're first asking mid-trial and are pro-se while your wife is represented does not bode well for the future. Good luck.

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Posted

You'll have to file a motion (usually by Order to Show Cause) for a "pendente lite" order establishing a parenting plan or a visitation schedule or whatever it is that you want. As the other attorneys have mentioned, you are in a difficult situation, which is being made more difficult because you don't have an attorney on your side. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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Posted

You raised many issues without the necessary facts to realistically answer your inquiry, which is not surprising. What sort of trial is in process? Who is the judge? Is there an Attorney for the Child(ren)involved? Was your parenting time not a problem up until now? Why has that changed? The reason for the change is significant on the best way to proceed. Because of the status of the case, most likely it is not a question of filing papers, but raising the issues properly; although, depending upon what is happening, anything from an Order to Show Cause or Writ of Habeas Corpus might be appropriate; again, it depends upon the answer to the questions I have raised; or even other questions which I do not have enough information to know to ask. The next appropriate step for you to take is to consult with an attorney so that whom ever you discuss the issues with can get all the relevant information so that you can be properly advised. If you wish, I am available for such a consultation.

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Posted

As many others have commented, you give very little information in a case that is already half done. Your options thus are limited to mid trial applications which might be made orally or on papers known as an order to show cause. This sounds too important to leave to email inquiries. Take the time to see an attorney. Bring your file and get one on one detailed advice. It is worth whatever you may have to pay for a consultation as it involves your child.

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