Saturday, September 28, 2013

Can my mother (custodial parent) shorten my visits with my father without consulting a lawyer?

Q:  My sister and I spend two weekends per month with my father and the rest of the time, with my mother, who lives in a city two hours away. She demanded that my father bring us back by 6 p.m. (original time 8 p.m.) because we "need time to prepare for the school week". This is completely untrue as we managed perfectly to prepare for the next day when my father brought us back at 8 p.m. Can my mother legally shorten our visits, without even consulting a lawyer?

A:  David's Answer:  It really depends on what the visitation order says. If the order says "8pm drop-off," then Mom's arguably violated it. But rather than cause more issues with a violation case, I suggest your Dad try either speaking to her or writing to her and point out the discrepancy and ask to revert to the order. If she refuses, then your Dad will need to file a violation petition. --  David Bliven, Bronx Child Custody attorney (

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