Legal Question in Family Law in New York

Custody settlement loophole

My ex-girlfriend and I have a joint custody agreement for our 5 year-old daughter, with physical custody for her mother and visitation for me. In the court proceedings, my ex attempted to insure I would have not time to date in the future by granting me visitation every evening until bedtime and every weekend. That was fine with me. We also stipulated that no future ''girlfriends/boyfriends'' would meet our daughter, only ''significant others'', and only after the other parent had the chance to meet the significant other.

It has been a year since our separation, I have been dating someone for the last six months, and I wish for her to be able to meet my daughter, however, her mother will not consent to meeting my new significant other. I have taped documentation of her saying that she will not meet her, she has even made threats towards my significant other.

What constitutes a ''meeting'' or could we circumvent the whole process by saying my ex is being unreasonable?


Asked on 7/29/03, 5:50 pm

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Custody settlement loophole

I am sorry to hear that your new agreement is not working out well. It will be easier in the future,

when your ex has had more distance.

But that doesn't help you now. What will help is creating an opportunity for your ex and new friend to meet. Was she represented by an attorney in the earlier custody action? A letter to this attorney can help you document the problem and put the ball in her court. thereafter, if no meeting is agreed upon in 30 days, then you are justified in concluding that your ex is willfully refusing to hold up her part.

While you can just disregard the earlier agreement at this point, filing for a change is the safest course of action.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 7/30/03, 10:46 pm
Daniel Clement Law Offices of Daniel Clement

Re: Custody settlement loophole

Every agreement requires the parties to act in good faith. Give the mother a few opportunities to meet the new friend and document her lack of good faith.

Daniel Clement

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Answered on 7/29/03, 10:51 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Custody settlement loophole

Make a motion to the Court to modify the agreement citing the circumstances above.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/30/03, 11:31 am


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