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Does She Have A Legitimate Custodial Interference Case Against Me? Or Was I Acting In The Best Interests Of My Children?

| Mar 24, 2016 | Uncategorized

Q: I live in nys and I have primary physical custody of my 2 boys who are 12 and 14. I agreed to let them spend spring break with their mother outside of the custody agreement. …meaning that I was supposed to have them instead of her. When she gets visitation the children stay with their grandfather in a separate 1 bedroom apartment because there’s a restraining order against her husband from being near my boys. I called my kids and asked how their day was after the second night and they told me their grandfather was sick and vomiting all day. So I arranged for their aunt to go pick them up who was 20 mins away to prevent them from getting the stomach virus. I notified my ex after they were picked up to let her know she could visit them at their aunt’s house instead of their grandfather’s house because he was sick. She got mad on the phone.

A: David’s Answer: It doesn’t sound like you violated the order, since you gave her your time. Moreover, her visitation with the children is meant to be between her & the kids – not between the kids & their grandfather. For a full assessment, schedule a consult with an Orange/Westchester Family law attorney.

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