Legal Question in Family Law in New York
Does the mother of my children have the right to refuse to drop the kids to me at the location determined in our divorce decree on my weekend due to the weather? She frequently uses the weather as reason not to give the kids to me. She says she wont put her children at risk in this weather. Is this legal?
1 Answer from Attorneys
It all depends on the weather. Of course, it is unlikely the court will find her in contempt if she did not drop the children off this weekend. At the same time, if it's just raining, it is probable she will be found in contempt.
I recommend you keep a record of each and every time she did not (and does not in the future) drop off the kids. File a contempt action and request makeup time for missed days and attorney's fees. The judge will determine if she violated the order during any of those days she did not drop off the children. As evidence, you should bring e-mails, texts, and the weather report for those days.
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