Ask a Lawyer and Get Answers to Your Legal Questions
i am sorry you are not seeing your children. the only way visits can be mandated is if the court orders them. if there is court-ordered visits then you need to file for a contempt of court to make your wife follow that court order. that is filed in the court that issued the order.
if there is no court ordered visits, then you would need to file for those - otherwise, your wife does not have to allow the kids to see you.
keep in mind, that when a child is old enough to articulate their desires a court can take these into consideration. so when the attorney is stating your daughter is "17" they are trying to let you know that a court may consider her wishes.
thank you for that information.
here is a link to the NY self help courts - the forms are on there, as well as information on the laws. i thin, that will be very helpful for you to proceed pro se - use the Petition for Custody
you can file for custody before the court appearance on the divorce. as part of that, you can request the psych exam of your wife - though i suspect it will be denied. she has attorneys and you dont. they win.
yes, all those motions can be filed. but here's the question. do you want to see your children? do you want them to want to see you? because if that is the case then, in my opinion, that is what you should focus on. and to file petitions as a means to torment will reflect to your children that your interest is only to agitate the mom and not because you care or want to see them. kids are smart. they will see through it as well as seeing through whatever she is saying or doing. they will one day be able to make their own minds up - you see?
so yes, you can do all the filing you want to use up her retainer with the attorneys. i dont, not have i ever played that way - for the reasons i stated. so if you proceed that way good luck with everything
you're welcome and i understand. i just think you need to really consider what your goal is. if it is your children then you need to really think about your course of action.