Based upon what you are saying you still have your rights you just don't have custody. Unless there is a substantial change in circumstances you will not be able to request much less win a custody battle at this time.
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Not to sidestep your question, but truly, if you have an attorney who is working with you and familiar with your case, that is the person to whom you should be directing your questions and expressing your concerns. You are in a difficult and complicated situation and a "simple" answer isn't available here or anywhere else. I suggest you talk to your attorney and if you do not feel that he or she is able to do what needs to be done, or you've otherwise lost confidence, then you should seek out another attorney. Good luck!
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Since you already have visitation rights with your children, I assume your question is how do you get back custody rights. Unless there has been a change in circumstances since the custody award was made (other than just the passage of time), that may be difficult to accomplish. There may be ways for you to acquire some of rights that custodial parents have without the "label" of being a legal custodian. You should discuss your situation thoroughly with an attorney well versed in family law.
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Repost this in Family Law.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
If you believe you have a grounds, filed for modification.
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