I'm going through a terrible divorce. I have a visitation order to see my two children. However, my soon to be ex wife put an O.P. out on me simply because she can and doesn't have to prove anything. Due to this O.P., I have not been able to see my kids for the past 6 months or even speak to them because she won't answer the phone. She also had me arrested twice out of lies which I proved in court but can't go near the marital residence or her for that matter. Nonetheless, my ex does not even answer the phone when my parents call to speak to the children. She is being vindictive, selfish and is depriving our children of their father and grandparents. Most likely, she will not relinquish the children even if a friend or family member goes to the marital residence to pick them up so I can see them through my court order. I am against local police station pick ups and drop offs because I don't want to expose my children to that environment. She has dragged this divorce on for over 2 years just to make me suffer. Trial begins in October in Supreme Court in Queens, New York. Is there any way to petition the court to letting me see my children and make them aware of what she's been doing? Obviously, she is not being a mother but has custody through the courts. New York divorce laws are terrible especially if you're a man. Set aside a loving father. Please help. Yours, Marco Gioeli.
Country relating to Question: United States
State (if USA): New York
a list of names to give to my lawyer to pick up my kids for visitations.
HiSo you have a court Order for visits right now, correct?And so you also have a list of persons to do the pick up and drop off, correct?What does you lawyer say ?
Yes, I have a court order to see my children one day during the week for dinner and every other weekend (Friday to Sunday). I am allowed to speak to them every night between a certain time over the phone as well. However, In New York, an Order of Protection overrides a visitation order disabling me from picking up my kids at the marital residence. I am not allowed within 500ft of her or the house. I have prepared a list of friends and family but it is unlikely, due to her irrational behavior, that she will relinquish the children. She is a paralegal and knows how to manipulate the law beginning with the senseless and selfish O.P. she put on me. My lawyer said that my parents, especially my mother because my ex demanded supervised visits because she's a b***h, should go pick up the kids but my mother has been sick and remains unavailable until she's well. I seriously doubt my ex will give the kids to anyone including my parents for visitation. I don't want to wait nor should I have ever had to wait to see my kids. Father's Day came and went. Do you think she had the decency to let the kids call me or my father? NO! My children are 5 and 3 years old. I'm worried sick over them but my lawyer says to wait till my mom is better. I want to petition the court NOW. Is this not a violation of my rights? Or do I not have any?
HiI am sorry to hear of this matter. Your attorney could file a Contempt Show Cause where she would need to appear and explain why she would not allow someone else to pick up for you.But first you have to try it and be denied. I suggest your attorney contact her attorney and explain who will pick up for you because of the Protection Order. Her attorney should advise her to let it happen or be subject to a contempt order.So, I suggest you get your attorney to try that angle.Please note that if you have further questions, you can select Continue conversation. Otherwise, please give positive ratings.Thank you
General practice of law with emphasis in family law
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