Q: My ex and I share legal and physical custody of our child with her having last say in important decision making and also has primary physical custody. She has always acted as if she has sole legal custody and never consult with me when it comes to school, medical and other. She has been verbally abusive to me once before in front of our child during a transfer and now she is denying me to see my child altogether even though I was supposed to have him for the holidays. Should I tolerate this longer until she does it again or can I go to court for contempt now?
A: David’s Answer: You should not tolerate this conduct NOW. You should immediately write her a “default notice letter” drawing her attention to her apparent violations of your agreement & ask that she rectify same (by giving you the holiday time – or making it up, and including you on decisions). If she then violates again after sending said letter, your violation case is even better yet. Schedule a consult with a Bronx Child Custody attorney for a full assessment.