Legal Question in Family Law in New York
What are my rights as sole custodial parent?
I was award sole custody of my son, my ex has visitation rights as well as a right to review medical and school records. He was ordered to be personal present for the visits, which were order to take place at one certain address, stated in the order. He was to provide me with a contact number, and to answer all calls imediatly. So far, he has refused to tell me where he is taking the child, or to answer his voice mail. He says he does not have to tell me where he takes the child. He has left him with his girlfriend while he goes to play on a dart league. I want to know where my child is. Do I as the sole custodial parent have the right to demand he tell me? He does not keep the child at the address in the court order, but hides him elsewhere.
2 Answers from Attorneys
Re: What are my rights as sole custodial parent?
I disagree with Mr. Vanlare. The rights and duties of parents vary with every court order. Generally, although not always, the custodial parent is entitled to know where the child is during time with the non-custodial parent. In addition, courts typically require the non-custodial parent to spend their "visiting" or "parenting" time with the child. I need more complete facts to assess your case, but the type of thing you describe may be the basis for a contempt proceeding or even a modification of the custody/visitation order in effect. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
Re: What are my rights as sole custodial parent?
If he has a court order to answer his phone he has to answer it.As a custodial parent, your rights are not superior to his. He has no obligation to inform you of where he is going to be with his child except in certain instances like out of state travel etc ( s/he is your child too) You have the same rights.You as well dont have an obligation to call and tell him where the child will be.
Unless he is a child abuser, he needs to supervision or reporting to you or anyone else.
He can ask the girlfriend to keep the child while he plays ball or whatever. That period is his time so long as the child is not endangered.New York law gives equal rights to both parents.The overriding legal requirement in NY is that all matters and decisions relating to a child be made in the best interest of the child . Not the best interest of mom or dad.