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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I live in NY state and have a 5 year old daughter with someone

Customer Question

I live in NY state and have a 5 year old daughter with someone who I divorced 5 years ago. We split legal custody and this woman has physical custody, while I have every other weekend, holidays and such. One of our agreements in the NYS divorce papers is to not speak badly about the other parent to the child. While I am sure she is not doing this exactly, she is extensively limiting my daily phone time with my daughter (intentionally) and also recently instilled anxiety in my daughter about taking a trip to Disney World with me (now she doesn't want to go after months of being excited).
This woman is a true piece of work. She has Borderline Personality Disorder and is hell bent on destroying me and now my relationship with my daughter; as is characteristic of her mental condition (unknown if it's diagnosed).
I have already been through the ringer in terms of legal costs for the drawn out divorce proceedings and do not have much money. To that end, I would like you to tell me what legal rights I have to get her to stop behaving in this way.
Additionally, she is a social worker and knows all the ins and outs of family law which is why I believe she keeps on "winning" despite being a self-serving, careless, sociopath.
Please advise. Thank you kindly.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardI am sorry to hear of the emotional distress your daughter is going through. Have you filed a contempt order to have her admonished for this behavior?Do you have any rights in making decisions for your daughter - say to have a counselor/therapist help determine the damage it is doing to her? Do you want to have the custody changed? What relief are you seeking?Thank you
Customer: replied 1 year ago.
Please tell me how to file a contempt order in new York state independently of a lawyer.
Expert:  Samuel II replied 1 year ago.
HelloThank you
Expert:  Samuel II replied 1 year ago.
You can use this link to obtain the Affidavit. Or you can get the forms from the clerk of the court I suggest in the Affidavit you will need to STATE:1 - the reason you are making your request,2. - the relevant facts about your case,3. - whether or not you have ever made the same request before, and 4. AND attach copies of any relevant documents you are referring to in your Affidavit.After you have filled out the Affidavit, you must sign it at the bottom in front of the clerk, or a notary, so that it can be attached to the Order to Show Cause and submitted to a Judge.
Customer: replied 1 year ago.
Can I file it where I live or does it have to be in the county that my child lives in? Also what is the most likely course of events after filing?
Expert:  Samuel II replied 1 year ago.
You will need to file it in the court where the Order was issued.

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