Legal Question in Family Law in New York

Re: ex uses my visitations to punish me

Were you divorced in CT or NY? The answer to your question depends on what your final decree says. If you were granted a specific visitation schedule and your ex-spouse refuses to comply with it, then you can file a motion for contempt and ask the court to order that he comply with the terms, pay your attorney fees and possibly give you make up time with the kids. There may be other issues if you were granted joint custody or he was granted sole custody. If the children live in NY then you need a NY attorney. If they live in CT you should speak to a CT attorney.

Re: ex uses my visitations to punish me

I am an attorney licensed to practice in Connecticut. According to your message, your question relates to New York law and not Connecticut - is that correct? Please let me know. Thanks.

Re: ex uses my visitations to punish me

Both parties must comply with the order, and neither is at liberty to place unilateral conditions on meeting their obligations. The party violating the order can be held in contempt and punished with fines or imprisonment. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for th initial consultation.

Re: ex uses my visitations to punish me

Please be aware that you have every right to visit your children as stated in your visitation order without having to comply to your husband's wishes. If he does not comply with the order, then he may face fines and imprisonment. You can give me a call at 718-855-3535 to set up a time when we can discuss this matter further.

Re: ex uses my visitations to punish me

This is very difficult. Your husband does not sound like a generous man.

You have rights. If he is violating the visitation agreement, then you have good cause to request a modification of the visitation and even the custody order. You must make him aware that you have rights and that you have options.

A letter from an attorney to this effect can have a big impact. I would be happy to assist you for no fee. You are welcome to a consultation at my offices at 42 West 44th Street for no fee in that action. Please call for an appointment first; (646) 591-5786.