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. – David Bliven, Bronx Family Law Attorney, (www.Blivenlaw.net)