Legal Question in Family Law in New York

Visitation Violation

My son has visitation with his 2 yr old daughter, every other weekend and every Monday to Tuesday. He is now unable to pick her up on Mondays due to his job. He has discussed this with his ex, and she is unwilling to bend and says she will violate him for not picking her up. I was unaware you could force someone into picking up their child. Is it true she can do this? He just wants to change his day.


Asked on 6/14/09, 9:25 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Visitation Violation

No. You cannot force an individual to pick up the child. In fact, the mother - by not bending - may be in violating the rights of the child.

The father should apply to Family Court for modification of visitation on the basis of his employment.

Mike.

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Answered on 6/15/09, 8:20 am


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