Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend
In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks} besides that communication with mom about my my child is none. She says she only has to communicate life or death situations. We have an issue with my daughter health the doctor order her antibiotics & she has refused to give it to her. The doctor wrote two letters to mom letting her know the importance of finishing the antibiotics, but she still refuses. What can I do? Can I get my visits the way it was before we mediated? Or get more parenting time? I have court nov 1 in Hudson county to either go back to our previous parenting times or to get more parenting time. Please help me. How much would a case like this cost me? How much is a retainer?
A: You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That said, you didn't state the reason for your November 1st court date. You could file a motion to request additional parenting time or to request joint physical custody, however, you must be able to show a change in circumstance in order for a judge to review such a request. You could also request that the judge order telephone calls on a regularly scheduled basis between you and your daughter.
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A: Thank you for your question. It sounds like you have a really difficult situation with a co-parent who does not want to co-parent with you. I am not sure what your November 1st Court appearance is for or how that came about but it sounds like the other party is not acting in your daughter’s best interests and this situation is not conducive to providing for your daughter’s needs. Moreover, it sounds like the other parent is violating the Court’s recent order prohibiting her from leaving your daughter alone. All of these issues deserve the Court’s attention and careful consideration, and I highly recommend that you schedule a consultation with an experienced family law attorney who can discuss the complexities of your matter in more detail with you and help you devise a strategy for moving forward with your daughter’s best interests in mind.
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