Legal Question in Family Law in New York
Will I be in Violation or What Documents should I file?
Hi,
It has been great reading your writeups.
I have the sole custody on my Son, my ex leaves in NY and the court order states, ''CP should provide transportation during visitation''. I have since married and I am pregnant. My Doctor gave me a letter limiting my travelling.
I have filed a petition b4 the NY court for modification of the visitation, that NCP should make arrangement for transportation, I also attached the Doctor's recommendation. At the first hearing NCP requested for a court appointed Attorney and the Judge said he can not hear the case because NCP have asked for an Attorney.
Next hearing has been fixed, but there is a visitation coming up before the date of that hearing.
Since, the case is already b4 the Judge and he have my Doctor's letter, will I be in violation if I did not take my son to see his dad? I do not want to risk my pregancy or go against my Doctor's advice.
Is there any additional paper work that I need to file before the Court to notify them of my inability to obey the order or the fact that the case is before a Judge & my Doctor's letteris sufficient against any possible violation charge.
Reference to some cases or status will be appreciated
Thanks.
Jane
1 Answer from Attorneys
Re: Will I be in Violation or What Documents should I file?
You may have a third party take your child for the visit with his dad.
Why do you believe that YOU, are the only one do it.
Actually, you should have stopped taking your child, (and enlisted someone else) a long time ago.
If You are finished with the dad, finish with this business of seeing him for each and every visit. This arrangement cannot help your new marriage and life.
Good luck,
Phroska L. McAlister,ESQ
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