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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience:  I provide family and divorce law advice to my clients in my firm.
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what is the standard parenting time in NJ for a 18 months old

Customer Question

what is the standard parenting time in NJ for a 18 months old baby girl who spent 3 months w/o seeing her father and now sees him 5 hours every weekend. When does a judge regularly would assing for her to start spending over nights, weekends? is this done with a transition? He used to open his private practice 6 days a week, now to pressure me to let him have our baby over nights he is closing his private pratice on saturdays. However, he still has to go to two hospitals after closing his practice and on the days that he closes his clinics. such as sundays he must be in the hospital in the morning to discharge his patience before 11 am. He is a pediatrician.


thank you so much
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. I am a New Jersey licensed professional and will do my best to assist you.

Is there currently a court order in place of some kind that denotes time, or does it grant flexibility to both parties?

Customer: replied 1 year ago.


I do not know about time. The court order does not mention anything like that. How can I find out about it>

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

If there is no language denoting such a delineation, then it does not exist, and gives that flexibility to the custodial parent. There is no 'standard parenting time' under New Jersey law, the custodial parent (you), has to provide adequate time but temper it with what you deem to be substantial time for the child to create a bond with the other parent and ensure that the parent is able to care for the child adequately. So if you feel that the child is not ready yet, you absolutely can place a limitation on the time or request more supervised visits. Courts generally do not prefer that parents start with overnights when the child is so young, they tend to prefer that parents wait until the child is 2 1/2 to 3 years of age and more able to take sudden changes in surroundings.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


what do you mean with, "there is no language denoting delineation" do you mean that my baby does not yet speak, therefore i could not be accussed of parental alineation?

Expert:  Dimitry K., Esq. replied 1 year ago.

Delva,

That is not what I meant. I meant if your court order does not specifically state something akin to "non-custodial parent is entitled to 2 hours thursdays 5-7 pm" as an example, both you and the non-custodial parent are able to create your own schedule and 'reasonable' visitation. If you do not give the other person actual time for visitation, you can still be able to be accused of parental alienation, your baby's speaking or non-speaking has nothing to do with it.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you. a year ago we agree to 5 hours weekly. my daughter comes back crying and very sensitive. she grabs my shoulder and won't let go. looks sad. she is not happy to go with him. therefor i do not want to push her for more time. her father pressurer me by closing his bussines on saturdays to get more time. i believe five hours is enough for now she is not even two years old. what do you suggest?

Expert:  Dimitry K., Esq. replied 1 year ago.

You are most welcome, happy to help.

However please be aware that I am not your attorney so I cannot suggest anything. All I can state is if the court order grants him 5 hours a week, you are legally not responsible in giving him more time. So even if he is pressuring you for more, until and if he obtains a potential modification of the order that is in place, you do not have to legally comply with his requests.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I was order by court to submit to a best interest evaluation. Is the results suppose to strictly arrive to court then i could request to to be allow to read it? or the adversary's attorney could send it to me before it is sent to the court? has it been any case in which this results never arrives to court? I am asking this because, the judge clerk called me and told me that the adversary's attorney told him that the attorney himself sent the result to me. however, i have not received anything

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

If the adversary's attorney gets the result, he is required by law to share those results with you, as both sides are entitled to the same information. If the attorney claimed he sent them, contact the clerk, explained lack of delivery, and request tha the attorney re-send them, this time via certified mail, to ensure delivery.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

can I file a motion to compel production of the report in the court to get the court to surrender a copy to me if it has been submitted? since the clerk claims he got it

Expert:  Dimitry K., Esq. replied 1 year ago.

If the clerk received it, you can ask if the clerk is willing to provide you with a copy. Otherwise you would consider filing the motion to compel as otherwise if you did not obtain a copy, you are at a severe disadvantage with your case.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

my disadvantage is because of the expert results? this expert was privately retained by the defendant. However, the defendant has withdrwal from seeking physical custody of our baby.


If the clerk does not provide me with a copy, and i file the motion.


can the court legally deny a copy of the result if they want?


Does a motion means that I will have to appear to a hearing before the judge and ask him for a copy of the results?

Expert:  Dimitry K., Esq. replied 1 year ago.

My apologies but I will politely ask you that at this time you post this question separately. Your original question was based on 'standard visitation time', not additional concerns about motions, reports, and other assistance. JustAnswer is generally a one question per post website, and while I have exercised some discretion in attempting to assist you beyond the scope of your initial concern, at this point I would ask that you post this as a new concern. Thank you!

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I was court ordered to submit to a best interest evaluation. I received the results on October 10, 2012. That is only 15 days ago. I told the judge's clerk in person that I wanted to make use of my rights as it says in the court order and retain my own expert to cross motion this other expert that the Judge allowed my ex to retain. However, I have just received a summons for a plenary hearing post a mediation for parenting time based on the evaluation of the adversary's expert, who suggest my baby who did not see her father for almost 3 months; to spend equal time with him and me. He is a pediatrician and works from like 7:00 am to the earliest 7:30 pm. My baby like I have mentioned before is 11/2 years old. His parent who are 75 and 74 years old are supposed to be the baby sisters. But why would time be taken away from a mother for a baby who is well attach to mom to be with the grandparents. What should I do? And what are the chances that I could succeed into making my baby's right work.


 


Thank you.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

To answer directly, time is not being 'taken away' exactly, it is simply provided so that the other parent has the ability and opportunity to also be involved in the child's life. Grandparents are considered to also potentially share a bond with the child if the other parent is unable to spend as much time with the child, and likely that is why the order was phrased in such a manner. You, however, do NOT have to agree; you can petition for your own expert as you stated and have that expert's testimony be utilized also to ensure that all valid information regarding your child be reviewed by the courts. So far there is as yet no order in place, it is a suggestion that the judge can take into consideration. Therefore that means that you can bring up evidence, for example, that the other grandparents are unfit or unable to care for the child, or that your own evaluation finds that until your child is aware of the other parent and has a bond with him, visitation should be limited and at an environment where the child is comfortable and aware of surroundings.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


How should I make the request of my own expert? Should I do it by writing my own personal letter? or, is there a special template letter with a specifically heading, such an application of continuance? or, instead should I file for a adjourment? I would like to do this before the trial, so I do not take the chance to not being able to proof that the adversary's parents are unfit due to their elderly years. Also, I believe the grandmother takes tranquilazers because she looks so and the grandfather would be the one watching my 11/2 baby. What does the NJ law says about it? Not only that but the expert's evaluation says lots of lies such as that I am in no position to enter into any agreetment with the defendant because I am the controling parent and unless I let loose then the defendant should hold custody of my child. Do you think that if the request is deny to me and I go to mediation and my baby's time is broken equally with me and him and his parent, then, there, do I have the right to petition my expert to present proof? If deny, can I give participation to the press?


 


thank you so much

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. Please permit me to go line by line to ensure that I do not miss anything.

How should I make the request of my own expert?
You do so via a motion to the courts by claiming that the other opinion provided may have been biased or incomplete.

Should I do it by writing my own personal letter?
No, you would need to file a motion--to obtain a template for such a request, go to your local courthouse where you would be able to obtain examples that you could utilize for the motion to the courts.

or, is there a special template letter with a specifically heading, such an application of continuance?
Technically it is called a 'Motion for Evaluation', but different courts may call it different things, the essence is what is important within your request.

or, instead should I file for a adjournment?
You can do so if you think it will be granted. Otherwise I do not see the strategy behind it, especially since the adjournment will be fought over by the other side.

I would like to do this before the trial, so I do not take the chance to not being able to proof that the adversary's parents are unfit due to their elderly years. Also, I believe the grandmother takes tranquilizers because she looks so and the grandfather would be the one watching my 11/2 baby. What does the NJ law says about it?
The law permits you to attack the other party's 'fitness' on grounds of potential history of abuse, neglect, domestic violence, drug use, alcohol abuse, mental illness, criminality, even unfitness of their home and other factors. So if you have evidence of the person being on drugs, then bringing that up is very relevant.

Not only that but the expert's evaluation says lots of lies such as that I am in no position to enter into any agreement with the defendant because I am the controlling parent and unless I let loose then the defendant should hold custody of my child. Do you think that if the request is deny to me and I go to mediation and my baby's time is broken equally with me and him and his parent, then, there, do I have the right to petition my expert to present proof? If deny, can I give participation to the press?
You can seek proof, surely, but the expert does not have to provide it--what he does is provide his thoughts to the court, and the court takes those thoughts under advisement, In essence he does not have to back up his 'proof', as he can use his expert knowledge and background to rationalize his answer. You are always free to contact the press unless the hearing is 'closed' and the courts expressly stated that the subject matter will not be discussed outside by third parties, or there is a confidentiality agreement in place (unlikely in a family setting).

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


My court day is the 28th of November, 2012. Do you think that I could be granted a motion to evaluate before that? Could it be denied? if denied, wouldn't that means that my civics rights of every accused being able of defending himself/herself is being denied? can the judge denied it? If denied, what is llikely to happened in mediation previous the trial, the defendant's expert portrayes me as the controling parent to punish the defendant. my baby is only 11/2 years old and he sees her by court agreetment 5 hours every Sunday. she comes back crying and depress. beccause, a year ago he didn't see her for three months and she is not confortable with him. Now, the expert advises that she is still not confortable with him or his parents and sister. But that if I still exercise control over my baby then he should be the custodial parent. He recommends that she would benefit from spending equal time with both parents. that she could go friday evenings to suddays morning to so she can go to church with me. and spend time with him during the week, but not specified. What are my rights in mediation? How do you suggest that I conduct myself? the expert wrote that I am a contentive and I am in no position to get into an agreetment with the defendant. Do this means that since I have not had the opportunity of a cross motion. Will I have to strictly follow the mediator recomendations. Will the judge also strictly follow the experts opinion? Do I have the right to say that my baby has the right to not ony spend disciplinary time with her mom but also quality time. so I can suggest alternated weekends and one day a week? In the evalution the adversary tells the expert that I could drop and pick my baby up from his home. How is this usually done? we live 30 minutes away from each other?

Finally, the psychiatric suggest we use the same mediator used in the first motion. However I do not feel confortable because when hearing a long conversation in English I get lost trying to connect into Spanish. Can I ask for spanish speaker mediator?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. Please permit me to try to assist you further.

My court day is the 28th of November, 2012. Do you think that I could be granted a motion to evaluate before that?
It is possible, since there is a fair amount of time before the hearing and where you could be able to obtain your own evaluator.

Could it be denied? if denied, wouldn't that means that my civics rights of every accused being able of defending himself/herself is being denied?
It could be denied if the state feels that there is substantial information already obtained from the initial evaluation, or if you have brought your request too late. There is no civil rights violation here.

can the judge denied it? If denied, what is llikely to happened in mediation previous the trial, the defendant's expert portrayes me as the controling parent to punish the defendant.
The judge can deny it but you can bring up evidence and information, specifically the fact that the other parent has not been active in the child's life as evidence that he is potentially unfit.

my baby is only 11/2 years old and he sees her by court agreetment 5 hours every Sunday. she comes back crying and depress. beccause, a year ago he didn't see her for three months and she is not confortable with him. Now, the expert advises that she is still not confortable with him or his parents and sister. But that if I still exercise control over my baby then he should be the custodial parent. He recommends that she would benefit from spending equal time with both parents. that she could go friday evenings to suddays morning to so she can go to church with me. and spend time with him during the week, but not specified. What are my rights in mediation?
Mediation is 'non-binding'. That means that you are not forced to agree if you do not consent with the changes.

How do you suggest that I conduct myself?
The best option is to be polite, reasonable, patient, and not get emotional or get involved in conversations directly with the other person. Speaking via the mediator is the best option.

the expert wrote that I am a contentive and I am in no position to get into an agreetment with the defendant. Do this means that since I have not had the opportunity of a cross motion. Will I have to strictly follow the mediator recomendations. Will the judge also strictly follow the experts opinion?
No, the judge has the right to make up his own decisions.

Do I have the right to say that my baby has the right to not ony spend disciplinary time with her mom but also quality time.
You can state whatever you wish but there is no guarantee that the judge will permit it.

so I can suggest alternated weekends and one day a week?
You can most definitely modify options and request a different schedule, timing, or a split in parenting time.

In the evalution the adversary tells the expert that I could drop and pick my baby up from his home. How is this usually done?
Usually the parents split the obligation of dropping off or picking up the child. Unless there is a legitimate issue, typically the courts prefer that the responsibility be split more or less equally between the parents.

we live 30 minutes away from each other?
One may drive to pick up the child, the other to drop the child off. It is really how you wish to handle it.

Finally, the psychiatric suggest we use the same mediator used in the first motion. However I do not feel confortable because when hearing a long conversation in English I get lost trying to connect into Spanish. Can I ask for spanish speaker mediator?

I believe Spanish mediators are available. It very much is based on the courts but when I performed mediation services, there were translators and bilingual or trilingual mediators available for assistance.

 

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

The evaluation was given to me only on the 10th of October by the judge's clerk. I was not oblige to sign a non disclosure document. But I do have the telephone call from the clerk that stating to call him so he can give me an appoiment to give me the evaluation's results. The advesary's attorney claims that he sent it to a month ago, which I never got. For I kept going to court requesting for this evaluation. Is it too late for the motion of evaluation?


Also, I do not feel confortable at all with the mediator. Do I have the right to request a diferent one or not.



 


I know I have a great disadvantage here can the judge give physical custody to my ex without breaking the law?


 


Can I appeal, what is the cost?


 


Can I contact my local authorities such as senators and let them hear the voice mail where the judge's clerk is telling me on the 10th of October this year, to call so he can make an appoiment to give me the evalution's results?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. Please permit me to assist you further.

The evaluation was given to me only on the 10th of October by the judge's clerk. I was not oblige to sign a non disclosure document. But I do have the telephone call from the clerk that stating to call him so he can give me an appoiment to give me the evaluation's results. The advesary's attorney claims that he sent it to a month ago, which I never got. For I kept going to court requesting for this evaluation. Is it too late for the motion of evaluation?

No, it is not, especially if you can show that you did not obtain a copy of the results, after multiple good-faith attempts on your end to obtain proper information.


Also, I do not feel confortable at all with the mediator. Do I have the right to request a diferent one or not.

You can, but the other party has to consent to the change as well. Unless you can point to some sort of bias, such a request is generally not granted.


I am sorry to hear that. As I pointed out in the past answer, appearing reasonable, nonthreatening, and non argumentantive is key. If you are spending time arguing with your ex or with the mediator rather than listening to the mediator's options, then that may be the perception that the mediator will have of you. This is simply an assumption on my part, I do not know how you communicate, but it may be the issue in this instance.


I know I have a great disadvantage here can the judge give physical custody to my ex without breaking the law?

The judge can grant physical custody to any of the parents--there is nothing illegal with such a petition. You do not 'own' your child, so transferring custody to your ex is not illegal because under law he has as much right to the child as you do.


Can I appeal, what is the cost?

Appealing family court decisions are very very tough. Unless you can point to an actual error that the juge made in his evaluations, an appeal will likely not be successful. Appeals can be also very expensive, potentially $3,000-$5,000 for a basic appeal, and not a good idea. If the judge rules against you and there is no error, it is wiser to wait a year and then to file a modification as that would have a greater chance of being approved.


Can I contact my local authorities such as senators and let them hear the voice mail where the judge's clerk is telling me on the 10th of October this year, to call so he can make an appoiment to give me the evalution's results?

I am sorry but this is a civil matter. You can contact the senators but they will not be able to assist--it is wiser for you to deal with the judge, the opposing party, and the mediator directly. A senator cannot overrule a judge's order.

 

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hello, I would like to tell you that I feel very greatfull that you are helping. me.


 


You talked about that I could get a modification after a year. How does that work? Would I get involved in the same kind of court war/expenses as now? If the other party get full custody and I can prove that there is nothin wrong to point me and that his work schedule does not allows him givin my baby time, is this a good reason for asking a modification? Or, in case we both get share custody can I still apply for a modification?


 


Finally, just to refresh your memory so you won't have to read my previous writing to you. The evaluator describes me as contentive. In no way I behaved so while in the interview. He did asked me about my 1 and 1/2 baby parenting visitation with her daddy. To which I explained to him that because of her age and he did not attempt to see her for 3 months, I do not agree for her to sleep with him because she is still not confortable in his enviroment. He wrote it himself. Now the question is, in the previous mediation, my baby father made suggestion to the mediator to which I agree thiinking that by the age of our baby would feel confortable with him. I agree to that, by the age of One both parents would evalute wheather or not our daughter is ready to spend over nights. Not to appear contentious I agreed, however, our baby has not been ready in fact she sleeps with me. When placed in the crib she wakes up crying because she was a colicing baby and now and then get cramps so she is used to sleeping with me. I now my baby needs to bond with her dad and her other family. My only concern is that, she is not ready and I'm afraid she'd think that I have abandoned her. I am afraid the judge would pass custody to him if I do not consent to share physical custody. Can I ask for this to be transitioned and supervised not by me, of course. I am hiring an attorney who says that If the adversary is not seeking to physical custody and I have a letter from his attorney stating so, that he can negotiate this with the judge. But I'm afraid the judge may want to favor the other part. What do you think?


 


Thank you greatly!!!


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Delva,

You are most welcome, truly. I can see that you need a lot of assistance, and I am happy to assist as much as I can.

In terms of obtaining a modification after a year, should this decision remain against you and something that you would not be able to modify or appeal, make sure to abide by the current rules and conditions that the decree calls for--that can include going to scheduled visitation and custody, and so forth. In other words for that year you would have to show that you complied with that order as best you could for the best interest of your child. Then, once the year is up, and while still maintaining visitation, you go back to the courthouse that placed the current order in place and file a petition there for 'modification of custody/visitation'. After a year point to the custodial conditions that you abided by, potentially show the other person's lack of compliance if any, and point out your own responsibility and fitness. Then point to the bond that you have with the child and in your petition state that additional time with the child would be in the child's best interest. After that year passes I do not know exactly what you can point to, but for example if the child does better in school when she is with you, that is a factor, and conditions like that can be utilized to request greater rights.

You can most definitely seek supervised visits by a neutral third party, so that neither you nor your ex can claim bias. Then, if you follow the steps outlined above, you could potentially ask that third party to testify and show fitness for you.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

As you may know, I currently live in NJ. I have the defendant's permission since last year to relocate in NY. This is something I requested at court since I work and was attending college in NY. Since my separation with my ex, with whom I was never married and lived with him only for 10 months. I would like to resume my college reason why I would like to move there. But since he gave me permission so easily I find it to be suspicious. Would I be in some kind of disadvante to move and start college no? Or should I just move and leave college for later. what if I do it after the trial. Or should I wait for after the one year modification? I am trying to compete with my ex in availability.


 


Thank you.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your followup.

To be honest there is no real disadvantage for you to be moving unless you are moving so far away that visitation is problematic. You have a legitimate reason (schooling) so withholding such permission from you really makes no sense as it does not appear to be a reasonable withholding. I really do not see this as a negative unless you are planning to move significantly far (over 2 hours away).

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I went to a firm looking for an attorney to whom I was refered. I ended up been represented by his associates. However, he claims that since that is his firm everything she did was supervised by him. I stopped paying their fees because they were exagerated. Fee of $2,300 to $3,300 a month when and the only thin dealt was health insurance card for my baby and arrangement for the expert that was already chosen by the adversary's attorney and allowed by the court to retain him privately. The results states that my attorney and the adversary's attorney's contacted the expert to be retain. However, we went to a motion for a change of expert and the judge said that "he does not see anything wrong with the expert the defendatnt's attorney wants,and that since he has already paid the to the expert he will let him retain him." In the results says the expert that the the defendant contatcted him due to that he had some conflicts seeing our baby because I got a TRO against him. However, I did send emails to him telling him that, I did not want our daughter to forget about him, to make arrangements to see her and I would go alone, agree to the arrangements. He reply to me with the same thing. He told me to make the arragements. To I which I reply for him to do it. This is because I did not want him to say that I am controling and want to make use of his time. This is exatcly what the expert is saying. despite the fact that I sent him the emails that proves him wrong. The expert states in the results that I never sent him these emails. Can an attorney representing me in this case show all the proof I have to counter act the evaluation results without having to actually retain an expert? Also, the expert wrote that for my baby's 1st birthday party I only invited the defendant and his father. Saying that I am withholding bad feeling for the rest of his family. I sent this email to the expert as well.


 


Now a lot of these proof my ex attorney has it. I paid the secretary $100.00 to get a copy of my file. Her secretary told me that they don't have my file that a copy company has it. And I will have to pay an additional amount to get this file. she gave the suppose copy company name and number. I called them a week after I did all these. They told me that they have only done two copy jobs for the past month to that firm and my name is XXXXX XXXXX their list. I sent an email to the attorney's secretary and she has not reply anythin. I dont know what else to do to get my file.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Delva.

I apologize, truly, but in this instance I see the expert's perspective and his claim as having some validity. Emailing him to remind him of time with the other parent (if I understood you correctly), is very much an example of potential claims to control the situation. There was no need or requirement that you contact him with such information. Therefore it does make you appear controlling. To refute it I see a need for a new expert rather than the proof that you are alleging, because I see the examples that you are showing somewhat differently than you.

As for obtaining your file from the attorney, my apologies but the only way to do so is to pay them for their work. Attorneys do not have to provide you with their attorney work product until compensated for that work. You can dispute their charges or demand an invoice breaking down the costs, but if they actually did the work, you have to compensate them, and then you can demand a copy of the documentation from them for yourself.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I went to a firm looking for an attorney to whom I was refered. I ended up been represented by his associates. However, he claims that since that is his firm everything she did was supervised by him. I stopped paying their fees because they were exagerated. Fee of $2,300 to $3,300 a month when and the only thin dealt was health insurance card for my baby and arrangement for the expert that was already chosen by the adversary's attorney and allowed by the court to retain him privately. The results states that my attorney and the adversary's attorney's contacted the expert to be retain. However, we went to a motion for a change of expert and the judge said that "he does not see anything wrong with the expert the defendatnt's attorney wants,and that since he has already paid the to the expert he will let him retain him." In the results says the expert that the the defendant contatcted him due to that he had some conflicts seeing our baby because I got a TRO against him. However, I did send emails to him telling him that, I did not want our daughter to forget about him, to make arrangements to see her and I would go alone, agree to the arrangements. He reply to me with the same thing. He told me to make the arragements. To I which I reply for him to do it. This is because I did not want him to say that I am controling and want to make use of his time. This is exatcly what the expert is saying. despite the fact that I sent him the emails that proves him wrong. The expert states in the results that I never sent him these emails. Can an attorney representing me in this case show all the proof I have to counter act the evaluation results without having to actually retain an expert? Also, the expert wrote that for my baby's 1st birthday party I only invited the defendant and his father. Saying that I am withholding bad feeling for the rest of his family. I sent this email to the expert as well.

 

Now a lot of these proof my ex attorney has it. I paid the secretary $100.00 to get a copy of my file. Her secretary told me that they don't have my file that a copy company has it.  And I will have to pay an additional amount to get this file. she gave the suppose copy company name and number. I called them a week after I did all these. They told me that they have only done two copy jobs for the past month to that firm and my name is XXXXX XXXXX their list. I sent an email to the attorney's secretary and she has not reply anythin. I dont know what else to do to get my file.  

Expert:  Dimitry K., Esq. replied 1 year ago.

Delva,

I believe that this is a repost of your original question. Please permit me to repost my answer to it below:

Thank you for your follow-up, Delva.

I apologize, truly, but in this instance I see the expert's perspective and his claim as having some validity. Emailing him to remind him of time with the other parent (if I understood you correctly), is very much an example of potential claims to control the situation. There was no need or requirement that you contact him with such information. Therefore it does make you appear controlling. To refute it I see a need for a new expert rather than the proof that you are alleging, because I see the examples that you are showing somewhat differently than you.

As for obtaining your file from the attorney, my apologies but the only way to do so is to pay them for their work. Attorneys do not have to provide you with their attorney work product until compensated for that work. You can dispute their charges or demand an invoice breaking down the costs, but if they actually did the work, you have to compensate them, and then you can demand a copy of the documentation from them for yourself.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


I sent the expert those emails because he asked me to do so. Can I retain an expert myself without been represented by an attorney. How do I do this. How do I deal it with the expert.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

Sure, you are free to retain an expert yourself. There is no requirement that an expert be retained through your attorney. To do so, obtain listings of experts within that industry, contact them, meet with them, and then request that they appear at the hearings for you. Make sure to agree on proper compensation for their testimony, and that type of an agreement is valid.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Ask the evaluator appear to court with me to counter act the results at the hearing? That sound excellent. Is that done after or before the mediation. Or do I have to notify the court anticipated, the plenary hearing is the 28th of November 2012. Do you have any idea of the cost ranger?

I thought that the expert I retain would actually have to evaluate us the same way the other expert did it. with a series of evaluation done one to me alone and another one with my baby. The same for my mother. I supposedly for the other party and his dad who is supposed to be the baby sister to my baby. Please correct me if I am wrong.

Customer: replied 1 year ago.


what I mean is, how is the evaluator that I retain going to that the adversary is lying and making up lots of things about me in the trial, or are these some of the thing that I need to tell him about when we meet and show him the proofs to proof him wrong? or should I do it while in court?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

To answer your question directly, the expert appears at the same hearing that is held after mediation takes place, the major hearing that you are preparing for. At that hearing the written report from the first expert will likely be provided to the judge for an evaluation. Your expert could potentially repudiate all or part of the testimony in that report. You would need to notify the court and the opponent that you are bringing in your own expert witness so that they could potentially evaluate and possibly even contest the credentials. Your expert could (and should) evaluate the same way the other expert, or he can potentially review you based on interviews, do the same with your child, and make his own conclusions. That is more of a 'rush job' and less accepted by the courts, but it is possible.

Hope that clarifies.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Ok then, do I file for the "motion to evaluate"? is this the only resource left for me to use. Because I was planning to go to the court and apply for a motion to evaluate allegying that the evaluation results were given to me only the 10th on October. I need to use the more acceepte method by courts, since in my perspective the court is actually more in favor of the defendant. I am actually breaking my head of because the judge's clerk told me that he was going to schedule us for a motion where we were going to be able to tell the judge what we "both partys" wanted to do. So, I told him the 10th of October that I wanted to make use of my rights and retain my experts. I know when I go to the court he will not help me with the documentation I need to file for the motion to evaluate. Should I as to speak to the division supervisor so she could tell him to provide me the forms?

Customer: replied 1 year ago.


The attorney I am consulting to see if I retain him kept the transcripts of the two previous motions I had. The first motion where I ask for child custody, support and parenting time, since the defendant was not seeing our child. and the second motion, where my ex attorney requested the court to change the evaluator. now he is telling me that without the records that my ex attorney has he can not take my case. because she has proofs of text and other important documentation to proof my case. Does this sounds accurate?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That is very accurate. The new attorney wants the full story and the full file. Without it a smart attorney would not take on the case because there may be surprises or other issues that may come up at the hearing, or with communication with the opposing counsel or side which could jeopardize your case and make that attorney liable. So that attorney needs to know everything so as to properly represent your interests.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37859
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Hello, I have not heard from you. anyway, my attorney told me that my file is mine and my ex counsel does not have the right to hold it. He will be writing a letter to my ex attorney to release my file.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

My apologies but I did send you an answer. As for holding your file, the other attorney CAN hold your file only if you did not pay them what they billed you (which is what I thought was the issue). Otherwise your attorney is correct, once you terminate representation and obtain new counsel, you can seek a copy of your file from your past attorney and have that file be sent over to your new representation. The attorney would then not be able to hold the file for himself.

Good luck!

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