Legal Question in Family Law in New York
family law
there is a visitation order in effect. I get the children every other weekend.I had them last weekend. the mother asked me to take them this weekend because of her work.I told her I cannot and she is threatening court action. I was told to follow the original order for now, unless the judge orders something new..can i get into trouble for this?
3 Answers from Attorneys
Re: family law
Unless your Attorney told you to do otherwise, you should do what you can to work things out with the mother. She cannot unilaterally change the order but you should agree where you can. Not only is it the mature thing to do, it also helps your children to have two parents who can work together, at least where the kids are involved.
Re: family law
What court action could she possibly threaten. If you stick to the order you are not in violation. Now that doesn't mean you can't help out, they are your children so additional time is not in violation if the two of you agree. If what she is asking is that you switch weekends, then again if you two can do so amicably then you are not violating the order. The courts encourage parents working together and liberal visitation but if there is an issue with additional time then yes you should follow the order.
Re: family law
Child visitation is a "Right," not a legal "obligation, even when the "Right" and visitation schedule are included in a Court
Order.
Good luck,
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