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Law Offices Of David Bliven
Law Offices Of David Bliven
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Is non-custodial parent violating visitation order? Or am I invading his privacy?

  • By: David Bliven
  • Published: October 26, 2021

Q: I, mother, am the custodial parent. The father has visitations. We share legal custody of a 4 yr old. All in NY. Regarding domestic travel, order states that the parents must give a week’s notice to one another. Child has brought to my attention that she is visiting someone in New Jersey. Visitations have been in place for 3 years now. Day one, our child has taken an iPad over to keep in communication with the other parent. The iPad is under my name and I am able track its location. Hence, why I know her location. Father doesn’t give notice and I can’t get in contact with child while in NJ. The only proof I hold are the screenshots of the iPad’s location and the (coincidental) failed attempts of me trying to contact our child. I am not comfortable with any of this. Is he violating the visitation order? Am I violating his privacy? I no longer trust him as he has lied in the past about our child’s whereabouts.

A: Usually “travel” encompasses overnights. But if your order doesn’t specify, then he may indeed be violating the order. You’re best advised to send a default notice letter first prior to filing a Violation Petition in court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

David Bliven, Esq.

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