Legal Question in Family Law in New York
My husband has his kids every other weekend and has been bringing them to our house since two years after his divorce was finalized. We're planning to have children of our own in the near future and I don't see how we can continue taking his kids so often when that happens. Is he legally responsible to take them every other weekend if it's stated in their divorce agreement (they have a joint custody) or can he just change the visitation rules, even if his ex-wife doesn't agree? In other words, can she take him to court if he refuses to have overnight visitations and changes to taking them twice a week during the weekdays?
Thank you
1 Answer from Attorneys
Q. Is he legally responsible to take them every other weekend if it's stated in their divorce agreement (they have a joint custody) or can he just change the visitation rules, even if his ex-wife doesn't agree?
A. He is not legally responsible to take the children every other weekend - even if in the divorce agreement. However, he may not change the visitation rules without consent from ex wife.
Mike.
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