Legal Question in Family Law in New York

I was awarded primary physical custody, but my was ex was awarded 3 overnights a week and every other weekend. I didn't understand that the way it was written. He has never had my daughter for 3 nights a week in addition to a weekend. He is now enforcing this to try to get rid of child support and to spite me because of a disagreement we had about taxes. My daughter has had structure with me and now that I realize the mistake in the order, I need to have it modified. I was advised by a lawyer today to be careful what I wish for, but my daughter going to her fathers 3 overnights a week us effecting her school life and her routine. What is the chance I can get that order modified?


Asked on 2/06/13, 3:43 pm

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

You will need to file for a modification of the order in the family court. There is no way to tell you what your chances are of getting a modification. Obviously, if the overnights are negatively affecting your daughter and you can prove it in court, this improves your chances. You may want to discuss this with another family law attorney.

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Answered on 2/07/13, 7:06 am


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