QUESTION

What are my legal rights as a non-custodial parent?

Asked on Nov 10th, 2017 on Child Custody - New York
More details to this question:
My ex husband has custody of our three children, ages 5, 4, and 2. In the court order, I am allowed to have them two nights a week, Friday and Saturday nights. My ex has not allowed me to take them overnight since April of this year. Legally, if I go to his house to pick up my children on my days, can I ? Even as a non-custodial parent? He refuses to let me take them on my days and will ignore messages/calls from me no matter how many times I try to get in touch. Please help.
Report Abuse

1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
Your ex is in violation of your custody order, and you must take him back to court immediately to enforce your rights. Don't use "self-help" by doing anything more than going to his house, knocking on the door and asking to take the kids on your days, because you'll put your kids in the middle of the conflict (even more than they already are) if he refuses to answer the door, or is hostile to you when he does answer. I assume you've already done this and if you do it again it will be futile. Don't let this go on any longer. You don't say how long it's been since you've seen your kids but this is hurting them even more than it's hurting you. Since you're the non-custodial parent I assume you're paying child support but if your ex continues to withhold the children from you, you could have your payments to him suspended until he complies with the order. 
Answered on Nov 12th, 2017 at 2:42 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters