Wednesday, March 19, 2014

Is it really difficult to modify a custody order?

Q:  I was being refused when trying to see my kids, so I filed and went to mediation. The mediator bullied me into accepting a custody arrangement that I am not happy with, but he made it seem like it was that or nothing. I have already had to go to court to enforce the order. The order has been in place for 2 years. I get the kids 2 days a week (most are manipulated), but I would like to have more in the summer. I would also like to add a few things regarding holidays, Spring break and extra curricular activities. I am receiving no help from cp in reaching an agreement. The order is also vague for the most part, allowing for doubts. I need and want more time with them.

A:  David's Answer:  To judge how difficult it would be to modify the prior order, one would need to know why those things were not in the original order - was it intentional or just an inadvertent omission? One would also want to know the ages of the children - & if they are adolescent or close to it, what their position is on the expanded access. Finally, to what degree are you looking to participate in "extracurricular activities" - is it just to, say, attend your son's baseball game, or something more extensive? Schedule a consult with a NYC Child Custody lawyer for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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