Call 914-368-7580 now to schedule a 15-minute Case Assessment or full 45-minute Case Strategy Consultation!
Call Today 914-368-7580

What are the chances of a judge modifying a visitation order?

Q: I have a visitation order from NY. but I live on MA. Me and my son have been living here for over 2 years. The court ordered for me to drop my son off at NY every other weekend on Friday's and to pick him up on Sunday's about 1 1/2 years ago. My sons father is now taking me to court because I have not let him see our son. He would last weeks and months without texting or calling. And now we are going to court bc I violated the visitation order. But the thing is I work. He doesn't not provide any financial or any type of help whatsoever. I would like to modify the visitation and make him come pick him on fridays. And I can go get him on Sunday's. I need advice. I would also like to file for child support. I work on Friday's but I'm off on Sunday's. I can bring the schedule to show the judge. He does not work but has a car. What are the chances of the judge modifying the visitation order? Considering that I work and that MA is his home state since he has been living here most of his life? I will try to reason with the judge and make up the days for the visitations he has missed with his father. Please help!

A: David's Answer: When you say "MA is his home state," I assume you're referring to the child, not the father. In any event, the fact that there as a prior order from NY negates the whole "home state" analysis as same only applies to initial orders. That said, it seems to me like the father should have a good reason why the order can't be adjusted - especially since the child would either be in school or about to begin pre-school (depending on his age). Call a Bronx family Law attorney to schedule a consult for a full assessment.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
445 Hamilton Avenue
Suite 607
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3174 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions