Legal Question in Family Law in New York

Custody
My separation agreement states under custody and visitation that ''plaintiff-wife (me) shall continue to have full legal and physical custody of the child and said child shall visit with the father every other weekend''. In my judgment of divorce it says that ''Plaintiff shall have custody of the child of marriage and defendant shall have visitation''. I have two questions, what exactly does that mean, do we have joint custody or do I have sole custody of my daughter? My next question is, technically, does ''weekends'' mean just Saturday and Sunday or is Friday included. Its not too specific and was looking for clarification. Also, my sep agreement was entered in 4/05 and the divorce finalized on 6/07. How long would I have to wait to possibly file for an upward modification of child support. When we filed originally I wasnt working and my ex was making a lot less than he is now. Thanks for your help.

Asked on 10/17/08, 11:57 am

Michael Markowitz Michael A. Markowitz, PC

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Re: Custody

Q. 1. do we have joint custody or do I have sole custody of my daughter?

A. Based on the language set forth in the question, you have sole custody.

Q. technically, does ''weekends'' mean just Saturday and Sunday or is Friday included.

A. Weekend is Saturday and Sunday.

A cost of living increase (COLA) may be filed 2 years after the Judgment was issued, or 6/09.

Mike.

Answered on 10/17/08, 1:36 pm

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