Q: I work the night shift for the last year. The child grandma watch's at night while at work which is where we live. I've had primary custody three years now. Included in the divorce was right of first refusal anytime. I didn't think it was an issue because I leave at 10 for work and back at 7:30 in the morning. Any reasonable person wouldn't drag the kids out 10 at night to stay at the other parents house. and anytime spent there would not be meaningful anyway .they would sleep. the child goes to bed at 8. Now my ex finally clicked im working nights. and is getting a lawyer probably to get custody and contempt. where do I stand? I can switch to days as soon as a opening comes up where I work. but she refuses to pay any daycare that's why I took the nights in the first place, what should Ido
and before she files contempt etc does she have to use the dispute resolution process in our parenting plan? and yes I know I should get a lawyer:) just need the quick version.and what is the best way to defend against the contempt?
A: David's Answer: Send a letter (or e-mail) to the other parent asking for them to clarify whether they are insisting on the child going out at 10pm at night just to sleep nights at their house. If the answer is yes, then you're best advised to file a modification petition & ask that the order be amended to read that the "first refusal clause" does not apply to the nighttime scenario. Schedule a consultation with a NYC Child Custody lawyer for a full assessment.
-- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
No comments:
Post a Comment