Legal Question in Family Law in New York

Parental Rights!!

I am a divorced father who was granted joint custody with my ex wife regarding our son. I had him 3 to 4 days a week and anytime I wanted him. I then took a job out of state and was gone for 4 years. In that time I came to visit him every other weekend the first two years and then every weekend the last two. I had to struggle to get his mother to let him come stay with me during the summer. Her response was that she did not tell me to move out of state so she wasn't going to submit to my request. I have since moved back to the state where my son lives now for a year and have just gotten his mother to submit to letting him stay with me on a regular schedule. Lately I have been seeing some instances where my rights have not been been taken into consideration. My aunt just died and my son's mom was going to let him go to visit her brother in Oklahoma knowing that I wanted him to come and go with me to pay his respects. Fortunately, things worked out where he did come with me, but I do not want to have to go through this ordeal every time. I want to know what my rights are since I have joint custody and how I can enforce them when I need to. It seems as though external forces are playing a role in her decision making.


Asked on 8/19/04, 10:59 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Parental Rights!!

You might consider petitioning for visitation/custody modification, if your son is older and more desireous of spending more time with his father doing "boy/man" things. Such as, little league, basketball, soccer, etc.. You might consider having primary residence with you and visitation for the mother.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/19/04, 11:26 pm


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