Legal Question in Family Law in New York

Ex Spouse using Court System to harass me

In a previous proceeding I conceded to have my daughter call me ex everday at 4pm. My daughter now has a new babysitter and this is no longer possible. Ex is taking me to court for violat. of visitation stating that I prohibit him from talking to her and refuse to furnish the babyisiters phone number. I have phone records showing my daughters attempts to call him from my home almost every day. The days she did not call him are times that she was with him or recieved a call from him on our phone.Also,I don't want to give him the babysitters phone number because he is obsessive by calling my home 2-3 times/day and speaking with our daughter for hours. In addition, as per the order he was supposed to pay $5/ week for a phone card but has not done so. I suggested he share in the cost of a cell phone for our daughter to call him on at 4pm. This would be the same amt of money as the phone card. He has also refused this solution. My ex continuously uses the court system to harass me through maliciouis and trivial petitions. Is there any way to stop this? It is impacting both our daughter and me emotionally. As the primary finacial support for our daughter I can't keep taking off from work to appear in court.

Thank y


Asked on 5/03/05, 11:42 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Ex Spouse using Court System to harass me

If the father's behaviour is really "excessive" it might be indicative of mental health problems and issues that need to be addressed, for the safety of your child and yourself.

Suggest: that you present your concerns to the Court, (in a very calm and reasonable manner) in support of a request for Forensics (especially for the father) & possibly "short term" Family counseling for the three of you, (not together, of course); AND, "Parenting" classes, mandated by the Family Court.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 5/04/05, 1:35 pm


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