Wednesday, November 13, 2013

Visitation violation

Q:  I have an order of protection against my ex. My ex is coming to pick up the child along with his girlfriend to my house as per the court order. My daughter is little and instead of my ex getting her, his girlfriends picks her up and my ex will be standing far behind. I am supposed to give the child to his girlfriend? What can I do? Isn't this a visitation violation? should I call 911?

Additional information
The court visitation order clearly states "the father shall pick up the child from mother's residence".am I obligated to let his girl friend into my house?

A:  David's Answer:  As a practical matter, if the father is in good faith trying to avoid friction between you & him, then why call it a violation. If the girlfriend doesn't otherwise cause you trouble, then I'd advise to leave well enough alone. The Judge would likely allow him to designate a person to be able to pick up the child. Of course, a review of the visitation order should be done alongside the order of protection. Thus, schedule a consultation with a NYC Child Custody lawyer.   -- David Bliven, Bronx Child Custody attorney ( 

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