Q: He is 10 and wants to come early. Mother is resisting and trying to keep him against my will.
Visitation order states I’m allowed to pick him up Friday when school ends until Monday when school starts. Problem is when he’s not in school, there is no time specified for pick ups..
I work on Fridays from 4pm-10pm. So I pick my son up at 2:30 and drop him off with my wife and daughter until I return. During schoolbreaks she’s been making it impossible by not allowing me to pick him up until 6pm, knowing I work and can’t. She’s not w/ him as well as she works until 6pm. I’ve offered to pick him up any time before 3pm from wherever he’ll be. Its a 45 min drive away so No one else can get him. I’ve offered many solutions and she’s not working with me with me. She’s basically keeping him against my will by saying I’m not allowed to get him until 6pm.
Can she legally do this?
How can I enforce the order and can I get him get him legally at 2pm?
If so how?
A: You can’t enforce that which isn’t captured in your agreement/order. If additional provisions need to be added in to curb her behavior, then your remedy is to file a modification petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment.