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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17356
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello, I am still going through my terrible divorce and I wanted

Resolved Question:

Hello, I am still going through my terrible divorce and I wanted to get your opinion on something. As I previously wrote to you, my wife filed improper photography charges against me during our divorce. It has completely dominated the civil court and custody battle thus far but it's not over yet as I will be going to trial to disprove her allegations. Thus far, I have to drive an hour away to see my son every weekend and also pay $200 for the supervised visit. Okay, the court assigned a guardian ad litem which I'm very excited about. I have one big concern which is that I am not to contact my wife until the criminal is completed as that was the only condition of my bond. I could be wrong, but it seems like this is a losing battle if the final hearing for my divorce is July 2 and the criminal will still be pending. As a result, I would think I would have no chance of getting a recommendation of standard visitation knowing I can't communicate with the co parent. Man, it's so sad she resorted to this but I nothing but positive even though my current situation is anything but that. I also wonder, if my criminal attorney could talk to the judge and draft an alternative solution so that my access to my son is not compromised?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

You will be able to have access to your son, but you're correct, until the case is over, standard unsupervised visitation is probably unlikely. This is a matter that would have to be addressed on both the criminal and the family fronts by a lawyer.

A judge cannot have an ex-parte conversation about any pending case. The other side would have to be involved as well. But, yes, your lawyer can petition for relief for you and propose an alternative. You can expect it to be opposed, but practically speaking, what you don't ask for, you're unlikely to get. I'd give that a shot.

I wish you luck with all of this mess!
Customer: replied 1 year ago.
Basically I would like to suggest that Stacy or her brother be in contact with one of my family members or anyone she would like to delegate to handle all communications regarding access to our son. As a result, I would still have no personal communication to her directly and this would hopefully create the best solution for our son's best interest. In the civil court, there is no current order prohibiting any communication between us so I think we are okay there because they were the temporary orders. This no contact clause was strictly a condition for bond. However, looking through all of the information from the GAL, I am at a severe disadvantage because good communication is vital for proper parenting and I unfortunately can't respond to a lot of the questions because there is zero communication between us. Do you have any suggestions on how I can express this to the GAL and somehow still prove that I am a great father to our son and he needs me involved in his life and I need him in my life as well. Any thoughts on how I can successfully accomplish this given the current obstacle?
Customer: replied 1 year ago.
I'm so sorry as my last question was for a civil attorney most likely.
Expert:  Zoey_ JD replied 1 year ago.
Yup.

I was just about to say that your last question involving how you could impress the judge and the GAL that you are an excellent father is a civil question.

I thought what you said in your post was eloquent, however. It's almost always in the best interest of the child to have both parents actively involved with his upbringing, and I am sure that both the judge and the GAL would concede that good parenting involves communication.

As there is no family court bar against you contacting your spouse, it would seem to me that your criminal lawyer can petition for a modification of the protective order in order for you to communicate when it's necessary for the child's interests. If a relative of yours would be willing to act as a go between, what you are asking for is not unreasonable.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17356
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.