Modifying Court Orders Guide

Summary

A judge may modify an order if strong reasons or new evidence are presented. In New York and Pennsylvania, a Motion to Modify or a Petition for Modification is filed for this purpose. A GALs role is typically restricted to the child they are assigned to, but they may consider other children if it impacts their assigned child. Character statements can be submitted as evidence, but their impact depends on the judges discretion. In custody cases, substance use, even if legal, can be considered if it affects the childs well-being. An alcohol assessment can be requested if a third party living with the children poses a risk due to alcohol issues. Always consult a legal professional for case-specific advice.

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what would i file to have him review it
In New York, you would typically file a "Motion to Modify" or a "Motion for Reconsideration" to ask a judge to review an order. It's important to consult with an attorney to ensure you're following the correct procedure for your specific case.
what about pa
In Pennsylvania, you would typically file a "Petition for Modification" to ask a judge to review an order. It's crucial to consult with a legal representative to ensure correct procedure.
GAL is over reaching in personal lives of my girlfriend. what can I do
You can file a motion to the court explaining your concerns about the Guardian Ad Litem's (GAL) actions. You might also consider hiring an attorney to represent your interests. Remember, the court's main concern is the best interest of the child.
GAL wants my girlfriend to have a psychological evaluation, what grounds can I use to fight this?
You can dispute the GAL's recommendation by presenting evidence that shows the evaluation is unnecessary. This can include testimonials, past mental health records, or other relevant evidence. Consulting with a lawyer can help you present a strong case.
Will a letter from a therapist suffice in lieu of psychological evaluation?
A letter from a therapist may be considered, but the weight it carries can vary depending on the judge's discretion and the circumstances of the case. It's recommended to consult with a lawyer for specific advice.
Will a character statement from my girlfriends ex husband be good to submit in regards to seeing how i parent his children
A character statement from your girlfriend's ex-husband can indeed be submitted. However, the weight it carries in court depends on the judge's discretion. It could be valuable evidence if it positively highlights your parenting skills. Always consult a legal professional for personalized advice.
Will a character statement from my girlfriends ex husband written on her behalf be beneficial for the GAL to review?
Yes, a character statement from your girlfriend's ex-husband could be beneficial for the GAL to review, especially if it presents her in a positive light. However, the impact of such a statement greatly depends on the specifics of the case and the judge's discretion. Please consult with a legal professional for advice tailored to your situation.
The GAL already has a negative view of me.Will a character statement from my girlfriends ex husband written on her behalf be beneficial for the GAL to review
A character statement showing positive aspects could potentially help shift the GAL's view. However, the impact will depend on the content of the statement, the case's specifics, and the GAL's discretion. A legal professional can provide more personalized advice.
The GAL told me I have no right to ask my ex for more time with the children, is this true?
In New York, you do have the right to request more parenting time. This would typically involve filing a petition for modification of the custody order. However, the court will always prioritize what is in the best interest of the children. Please consult with a legal professional for advice tailored to your specific situation.
what about pa
In Pennsylvania, you also have the right to request more parenting time. You would file a "Petition for Modification" of the custody order. However, the court's primary consideration is always the best interest of the children. Consulting with a legal professional is recommended.
If a GAL is assigned to one child, and the other one is unrepresented, do they have a right to consider that child in their determination
In New York, a GAL's role is typically restricted to the child they are assigned to. However, as the best interest of the child is the guiding principle, the GAL may consider the other child's situation if it directly impacts their assigned child. Consult a legal professional for advice specific to your case.
Why is the my exes lawyer demonizing my fiancee
In legal proceedings, attorneys represent their client's interests and may present arguments that portray opposing parties in a negative light. If you feel your fiancee is being unfairly represented, you may want to discuss this issue with your lawyer. They can help address these concerns in court.
Can I ask for an alcohol assessment on a third party living with the children?
In New York, you can request an alcohol assessment if you believe a third party living with the children poses a risk due to alcohol issues. The court will consider this if it's in the children's best interest. It's important to consult a legal professional for specific advice.
what about pa
In Pennsylvania, you also have the right to request an alcohol assessment on a third party living with the children if you believe it's in their best interest. However, the court's decision will depend on the specifics of the situation. Always consult a legal professional for advice tailored to your case.
what would I ask for with that request
To request an alcohol assessment on a third party living with the children, you would typically file a "Motion for Alcohol Assessment" or similar document in court. It's advisable to consult with a legal professional to ensure you're following the correct procedure.
my fiancee smokes marijuana daily. will this account in a drug and alcohol assessment
In New York, if your fiancee's marijuana usage is brought up during a custody battle, it may be taken into consideration. However, the impact will depend on whether it is affecting the child's well-being. Consult with a legal professional for specific advice.
even if marijuana is legal?
Even if marijuana is legal, if there's a concern that it's affecting the care or safety of the child, it can be considered in custody decisions. Always consult with a legal professional for advice tailored to your case.
what encompasses a drug and alcohol assessment
A drug and alcohol assessment typically includes:
- An in-depth interview to gather information about substance use history.
- A physical examination.
- A psychological evaluation.
- Laboratory tests to detect the presence of substances.
- Review of legal or employment issues related to substance use.
Remember to consult a legal professional for advice tailored to your case.