Legal Question in Family Law in New York

Hi,

I live in NY state and share joint custody of my 2 boys with my Ex who has residential also. In the court papers it states we are to have "Joint custody with an open and liberal visitation schedule." .

Two plus years ago, my Ex and I agreed on a schedule of me having them every Sat. @ 12 until Sun. @ 3 or 4. Also Mon. @ 4 (when they get home from school) until Tues. the next morning I would take them back to her house. Then Wed @ 4 (after school) until Thurs morning (again I would take them back to her house). That was the schedule we both agreed on.

Last year she took Wed. evening to Thurs. away from me, due to school and what she says as "the boys aren't getting enough sleep at your house." I accepted that. Now, she wants to take Mon. to Tues. away and just have them from 4p.m. to 7p.m. and still Sat. @ noon until Sun. @ 3 or 4pm.

I don't want to be just a weekend father! I would like to keep everything the same. She can still have the Wed. to Thurs., but I want to be involved in their schooling a little bit.

Does she have to right to just readjust the schedule like that when ever she pleases? What are my options? Petition family court, consult the boys law guardian when we originally set up visitation, obtain a mediator?

My boys are 6 & 7 (almost 8) years old. They have already stated that they don't want to lose "Daddy time"! Please help! Thanks so very much for your time!

- Scott


Asked on 9/04/12, 12:14 pm

2 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

Where was your original court order of custody granted? Was there a differentiation in the order between "physical" and "legal" custody? It seems to me that she does not have the right to reduce your time with your kids without a proper court order. You may want to file a Violation of Custody/Visitation petition, but that would only be successful if there were a specific schedule in a prior court order. In the alternative, you could bring a proceeding to set a specific schedule. My office could help if you require an attorney and are in the City of NY or surrounding boroughs if you give us a call. Good luck

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Answered on 9/05/12, 5:32 am


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