Legal Question in Family Law in New York
Visitation
My Ex does not have any complaints about myself traveling to NY to see my Daughter. There is nothing in the child care aggrement that keeps my daughter from being able to visit me. When I suggested that I pay for her to come see me in Illinois, I was met with a large resounding No. She asked my daughter if she would like to take a trip to visit me without her and she said no. My Ex claims that she is not going to make my daughter come visit me or do anything that she does not want to do. Can this be addressed when I motion to readjust the care plan?
1 Answer from Attorneys
Re: Visitation
Your question also depends on the age of the daughter. However, assuming that your daughter is a suitable age to travel on an airplane alone, you can petition the Family Court in New York to allow the daughter to come see you in Illinois.
I do not know what you mean by readjusting the care plan. However, visitation and child support are independent issues. There continues to be a duty to pay child support even if the spouse withholds visitation.
Mike.