Legal Question in Family Law in New York
relief for lack of following order of visitation
My separated wife refuses to do anything to facilitate visitation and communication. I am allowed to see my kids on weekend visitation every 2 weeks plus after every holiday, etc. They have visited only 3 times and never call. Wife does not allow children to call me in emergencies unless charges are reversed. Children are ordered to call by this order. (Kids have no fear of me!)
1.What form of relief should i ask for in court. - the law guardian(a lesbian) hates me and makes interpretations such as"to encourage visitation means to not discourage it". (disparagement in the past has taken its toll on my children)
2. Though i would not ever hold back support moneys, am i obligated to pay, if these violations continue to occur? . If she were to think she could lose monies, she might change, though i doubt it.
1 Answer from Attorneys
Re: relief for lack of following order of visitation
Do not hold back the child support payments unilaterally. You will be held in contempt.
If you can show that your ex is attempting to alienate the children from you, then you can seek a change of custody or other relief.
Daniel Clement