QUESTION
My ex doesn’t directly cancel visitation, but my visits are cut short because of constant excuses and my ex showing up late. Do I have any recourse?
Asked on Aug 16th, 2017 on Family Law - New York
More details to this question:
So by my request of court I can have my son a mandatory minimum of 2 days a week. 1 day is a mandatory Thursday and the other is up to me but within 48 hours notice. So within 48 hours I requested that I keep my child from Thursday - Saturday morning. The mother of my child only wants me to have 1 day a week. She is threatening to call the police if I keep him the fill 2 days. If I have an court order does she have the right to do that? Can I show the police the court order and tell them to leave?
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
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You can call the police, but they will do exactly nothing, because your court order is so ambiguous. (Even if it wasn't, police are not inclined to enforce visitation orders that don't specifically require police involvement.) You need to go to court and file two petitions: for violation of the existing visitation order, and for modification of it. You have a nice flexible visitation order that is a recipe for disaster for two divorced parents. You and your ex need to set a definite visitation schedule- which days per week, exactly what hours, who picks up, who drops off, and where- which then needs to become a court order. I'm guessing neither one of you had a lawyer. No lawyer would have let you walk out of court with that visitation schedule.
Answered on Aug 17th, 2017 at 6:57 PM