Q: My ex wife has sole custody of our two kids ages 12 and 7. I have no visitation nothing I signed the divorce paper that gave that to her. I see the kids every other Sunday and on important days she has allowed me to keep them overnight on the week ends. Since they are on holidays I now want to take the children to stay overnight with me during the week, she says she has no problem but if I wont be around to take care of them and will leave them with my wife who she does not know, she wont be sending them. Does she have the right to do this?
A: The answer to your question depends on for how long the children would be with your new wife. Visitation, as a general rule, is meant to be between you and the children. If, for instance, you had to go to work for an entire day in which you'd otherwise have the children, the mother would probably be correct in requesting that the children stay with her (as opposed to your wife) while you're at work. In any event, please feel free to contact me (718-725-9600) for a free consultation in my Bronx office. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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