Thursday, August 21, 2014
My ex is not abiding to the visitation. My child's bday lands on my weekend and my ex is taking her anyways. can she be arreste
Q: I have a decree that states I have every other weekend and Wednesdays. My ex is insisting that she will take my daughter on my weekend anyways.
A: David's Answer: The police would not generally get involved unless you are the custodial parent. Otherwise, whether she is "entitled" to access on the child's birthday depends on whether the agreement/order provides for time on holidays, vacations & the birthday. If it does, then holiday/vaca/b-day time trumps the regular access schedule. - David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)