Legal Question in Family Law in New York
I am being dragged into court again by my daughters father and he is claiming I have violated our previous court ordered visitation agreement because I wont text him on the days he is supposed to show up. He doesnt show up for the days he demanded and got awarded, and he rarely shows up once a week. Am I in violation of visitation by not replying to his text messages or is he in violation by not showing up regardless if I don't want to chat and be social with him?
1 Answer from Attorneys
If you didn't follow the court order regarding texts you might be held in contempt.
If you cannot text him during those days, you should consider filing a petition to modify the order.
Finally, normally, a parent does not exercise his visitation rights, a court won't find him in contempt. However, if the child support calcuation was based upon x days of visitation, you should move to modify child support because he doesn't exercise those rights.
Also licensed and practicing in New York.