Legal Question in Family Law in New York
Custody
order in place for joint legal, primary physical to me (the mom) and wknd visitation to father every other week. father recently filed for joint physical.
Over the course of the past year the father has sent me harassing emails, gained access to my cell voicemail, calls me multiple times a day going against court order. Now he is hassling me about the first relationship I've had since we split up. He has recently refused to allow me to pick up my daughter after his week's vacation visitation stating he should be allowed 7 nights which he believes consists of a week.
what can i do?
1 Answer from Attorneys
Re: Custody
First: Go to family court and file a writ of habeas corpus which means produce the person. That will force the child's father to produce your daughter. You must bring a copy of the court order to prove your the custodial parent.
Next you must know that although not law, public policy is that a court will not order joint custody since joint custody requires the parents to cooperate and when the case must be determined in court there is very little chance for the parents to cooperate.
Second: You need to file a violation of the court order since he is violating the order or terms of your agreement.
Third: If you are afraid or feel you or your children are in danger you need to request an order of protection. Harassment is a crime. That being said, you must understand that normal communication even if it is heated is not harassment. You need to decide if this rises to the level of harassment and you are the only one that can initially determine if that is the case.
If you have any further questions you can contact my office at 516.746.4747 or [email protected].
Joel R. Salinger, Esq.
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