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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92552
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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WHAT REPRESENTS A VISITATION ORDER, IS IT NOT A STRUCTURED

Resolved Question:

WHAT REPRESENTS A VISITATION ORDER, IS IT NOT A STRUCTURED COURT ORDER PROVIDING CRITERIA FOR ONE OR THE OTHER PARENT ABILITY TO HAVE THEIR CHILDREN WITH THEM?
Submitted: 1 year ago.
Category: Family Law
Expert:  KimberlyLaw replied 1 year ago.
Yes, a visitation order would give terms for when and how a parent can visit their child. Sometimes there would be supervised visition, sometimes it is unsupervised, and sometimes it is only for a few hours or could be overnight visits.

Let me know if this answers your question.
Kimberly
Customer: replied 1 year ago.

HI KIMBERLY.


LISTEN I WILL HAVE MY EX ON THE WITNESS STAND IN MODIFIED CUSTODY VISITATION TRIAL IN NEW YORK FAMILY COURT.


 


MOM, HER LAWYER, AND THE CHILD LAW LAWYER ALL HAVE TOLD THE JUDGE THAT THE FINAL CUSTODY ORDER IS


"NO CONTACT" " NO ACCESS " I MAYBE EXAGGERATING A LITTLE BUT AT EVERY CHANCE IT IS RESTATED OVER AND OVER --AND THE JUDGE HAS ACCEPTED THIS IN ERROR, THE JUDGE HAS EVEN ASK MOMS LAWYER WHAT THE ORDER SAYS & AGAIN NO ACCESS, NO ACCESS PERIOD WAS HIS RESPONSE. THIS IS VERY BAD FOR ME.


 


THE FINAL ORDER SAYS MOM SOLE CUSTODY &


DAD NO VISITATION.


 


THEY ALL DO NOT WANT ME TO HAVE ANY ACCESS ANY CONTACT AND ANY KNOWLEDGE OF MY SON AND DAUGHTER.


WHAT I DID WAS ATTEND A SCHOOL CONCERT MY SON NEVER SAW ME, BUT WHEN MOM SAW ME OUR DAUGHTER BECAME AWARE OF ME - NOTHING VERBAL. WE WERE QUITE FAR APART.


 


SHOPPING AT WALMART MOM & OUR DAUGHTER PASSED ME , NOTHING VERBAL AS THEY SURPRISED ME, DECIDING TO LEAVE THE STORE I WALKED OUT AND LO MY SON NOW AND MOM, SO I WALKED OUT AWAY FROM THEM BUT HAD TO PASS BY TO GET TO MY TRUCK SO I WAVED AND SAID HI SON. THATS IT.


I AM BEING CRUCIFIED BECAUSE OF THESE 2 THINGS AND BY ALOT OF OUTRAGEOUS FALSE ALLEGATIONS MOM NOW IS MAKING WITH HER LAWYERS..


 


JUST BECAUSE THE FINAL SAYS NO VISITATION OR MOM HAS SOLE CUSTODY I DO NOT BELIEVE THAT MEANS NO ACCESS NO CONTACT AND THE FINAL ORDER DOES NOT SAY THAT; NO ACCESS SCHOOL, MEDICAL RECORDS, NO ACCESS PERIOD AND SUCH OR SPEAKING TO THE CHILDREN IF WE JUST HAPPEN TO SEE ONE ANOTHER SOMEWHERE?


 


WHAT DO YOU SAY?


 


I NEED TO GET THE JUDGE THE CORRECT INFORMAATION, CAN I ASK THE JUDGE TO LOOK IT UP FOR HERSELF RATHER THAN ACCEPTING OPPOSING LAWYER ERRONEOUS INFO?


 

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry your previous expert opted out. Welcome back.

If your court order states mom has sole custody and no visitation to you, this is not a no contact order it simply indicates there would be no visitation. The conduct you are describing by the mom and her attorneys sounds like they are arguing there is a no contact order in place, which would prohibit you from being in the same location as the mom or the children. If no such order is in place, this is what you have to argue, that no court order for no contact has ever been issued and the wording of the court order simply denies visitation and gives mom sole custody.



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Customer: replied 1 year ago.


THANK YOU PAUL.


 


I HAVE READ MANY TIMES THE JUDGEMENT FOR DIVORCE,


THE FINAL ORDER FOR CUSTODY VISITATION, THE TESTIMONY GIVEN AT DIVORCE, AND THE STIPULATION REGARDING DIVORCE;


NONE OF THESE SAY NO ACCESS, NO CONTACT, NO ACCESS TO RECORDS.


 


WOULD THERE BE ANY OTHER PLACE - RECORD THAT WOULD STATE THE NO ACCESS NO CONTACT NO RECORDS?????


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
A no contact order would have to be entered somewhere in the court's file and it would be listed on the court docket master records as well. You need to argue that no such order was entered and as such the divorce decree only prohibits visitation and gives her sole custody. Your argument is that what they are asking is tantamount to a no contact order which has to specifically be entered by the court. Of course, the court can hold a hearing and enter a no contact order and you would have a right to present witnesses as to why the no contact order is not required (you are some danger to the children or mom). If you lose then you have a right to appeal the no contact order.

The records of a no contact order have to be in the court clerk's file or in the court's docket master system.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92552
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Law Educator, Esq.
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