Does My Ex Husband Have The Right To Refuse To Drop Off My Daughter With A Babysitter During My Court Appointed Time?

Q: I have residential custody of our ten year old daughter. I live in the city and he lives over an hour away by train. He has dinner with my daughter one night a week. I have a work dinner so I’ve asked him to drop her off at my friend’s house until I pick her up. He refused and says he’ll only drop her off with me at my apt and that otherwise he’s taking her home with him. Yet he has his new wife watch her all the time. If I travel for work I’m supposed to try to give him the time, and he does get it. But this is only for an hour and I’ll be losing my overnight and breakfast time with her. Should I take him back to court? He just likes to be in control of me. He knows the woman I’m leaving her with is perfectly fine.

A: David’s Answer: If the order specifies a particular drop-off location, then technically he can insist on dropping her off there. Thus, you may need to file a modification petition. That said, if his reasons for objecting aren’t good, I doubt the Judge will be too happy with seeing him. Schedule a consultation with a NYC Child Custody attorney for a full assessment. – David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)