Q: Myself and my children 7&11 moved to NY 5yrs ago. The original order is out of Florida where we lived with their father when they were 1&5. In 5 years I have had to change visitation maybe twice do to illness and child activities, but all time was made up and more. My ex is very inflexible when I need to change so to kids lives. He feels they don’t need to have one outside of him. We go visit monthly and it is becoming almost impossible so to school and extra curricular activities. Many times I have asked him to come here to be a part of their lives but…no. I never try to completely miss a visit I just need to move the days. In a nut shell I need to modify visitation schedule to work in favor of kids the age they are now, not the age they were. Also, I need to increase support. I get half of the recommended amount in NY, he doesn’t help pay for activities, he doesn’t pay medical insurance and he doesn’t pay medical expenses, I also pay the kids travel. He owns his own dental office and is very successful. When I have tried to ask him to help out he flatly says no. Financially its killing me and I want to know if the court ever awards the petitioner legal fees?
A: If the Father remains living in Florida, the general rule is you’d need to file for modification/enforcement in Florida. New York MAY make an exception if it rules that Florida is no longer a “convenient forum” based on the length of time the children have resided in NY. Schedule a consult with a Westchester Family Law attorney for a full assessment.