Legal Question in Family Law in New York
I am from the nyc area. My daughter's father and I recently went to court and had a temporary order of visitation established. In the order he currently gets alternating Saturdays from 10am-6pm and daily phone calls. The order also says that we can modify with consent in writing. I want to add that my daughter's father has never really been involved and decided to get visitation after I placed him on child support. My daughter is currently 6 years old. The order says that the mother is to initiative daily phone calls to father from 7pm-8pm. In person the judge said the phone calls would be during the school week. I would prefer the phone calls to be Mon-Fri and exclude weekends since we go out but now the father says that the phone calls need to be everyday since the order just says "daily". We go away a lot on the weekends and feel that at times it may be difficult to agree with this. For example, On Mother's Day we went out to eat and he was unable to talk to her and he got very upset the next day. Is this something that needs to be discussed in detail in court? Is it unreasonable for me to want the phone calls Mon-Fri and to exclude weekends? And so far he has been the one calling but he brought up that I am the one who should be havingher call him since it says it in the order. Can I have this changed also? I would prefer that he calls her.
1 Answer from Attorneys
While anything can be changed, I doubt the changes you ask for will happen unless the father agrees. In order to change a visitation order, you must demonstrate a change in circumstances and there is nothing in your facts that demonstrates such a change. Moreover, the father's contact is already pretty limited. To limit it even further, the court would need a very good reason.
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