Legal Question in Family Law in New York
Visitation Order Expiration??
My fiance has a court ordered visitation schedule with the mother of his 4 year old son. She is a very difficult person and yesterday during an argument with him left him a voice mail message telling him that she had taken a look at the papers and that the order is expired and he will not be allowed to see his son until he renews the order. I was with him and his court-appointed attorney and opposing counsel when the agreemtent was written on a short form order. I distinctly remember that one, there was no expiration date and two, there was no need to return to court unless someone wanted the order modified. Is she right? Can the order have an expiration or is she just full of hot air. If, so, is there any way to enforce the order next weekend when he goes to pick up his son without having to return to Bronx Family Court?
1 Answer from Attorneys
Re: Visitation Order Expiration??
Visitation orders to not generally have expiration dates. You are correct that they usually continue until someone seeks a change. However, if the order specifies an expiration, she would be correct.
Daniel Clement