Legal Question in Family Law in New York

I have a temporary visitaion schedule with the father of my son and in the court order it says that he has to come pick up the child with a third person he did not show up at first so i did not let his family members take my child. Later that day the father showed up to pick up our son and i let him go. I then called later to check on him and the father was not there they family members are taking care of our child on his visitaion time. Does the father have to be present for his visitation time or can he just pick up the child and leave for the the three days he has him??


Asked on 1/27/10, 1:57 pm

1 Answer from Attorneys
TRACEY BLOODSAW LAW OFFICE OF TRACEY A. BLOODSAW

Ideally the court order would address this. However, when the Order does not specifically state that he is to be present, generally he should be since it his visitation and not his family members'. If he leaves for substantial periods of time then the schedule should be modified accordingly by the court, if relevant and credible proof of this is provided.

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Answered on 2/02/10, 6:17 pm


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