Legal Question in Family Law in New York

i have two questions my first question is my son father has gone 3months almost 4 months with out seeing our son how many more months before i ican take him back to court for it and my 2nd question is it states in our custody order that if he dont follow the agreement can go to jail for six months does that mean if he dont bring or son back or if he dont follow the agreement at all


Asked on 10/17/12, 5:48 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

You can't hold him in contempt for not seeing his son. However, if child support is based on an enhanced visitation schedule, you may be able to modify child support. If he violates the order by not returning your son back to you on time, you will have to file a contempt action against him. The judge has the discretion to jail him for that contempt or create such other penalty against him.

Also licensed and practicing in New York

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Answered on 10/20/12, 7:33 pm


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