Saturday, January 17, 2015

This is a modification of parenting plan issue. At a hearing for temp order the other party brought up the fact that I did not

Q:  live in the state so the 2 days per week visit was a moot point. The Commissioner and I agreed and removed this. It was crossed out in pp. A week later at hearing the other parties attorney had written in pp those same 2 days per week added in. This was a set up. AT trial the judge goes found it horrible mother didn't exercise visitation in the 7 mos. There was not any as far as I was concerned and court. I signed the parenting plan not realizing this was in their. I mean we just elected to remove it. Is it still considered an act of misrepresentation by other party even if I signed it. I mean the act of it is still to set someone up. Nowhere in transcript does it say to add these 2 days back in.

Additional Information:

To attorney responded below: I live in another state or did. I was out here last year for the temp hearing and have since moved here. But when I got out here and asked for visitation attorney writes J did not think u would want any as you didn't ask for any in the last 7 mos. There wasn't any, I lived out of state. Come to find out it was added as explained above. And it was written on final parenting plan judge finds it horrible I didn't exercise visitation in those 7 mos.Well Commissioner and I elected to remove the 2 days per week. It was never ordered in by the Commissioner after we elected to remove it. The attorney did this and that was the set up. The act is still a set up right even though signed? However, never signed the final temp order at 2 week hearing, that was telephonic. In fact attorney never sent me the parenting plan prior to that.

A: David's Answer:   You'd need to file a motion/petition to modify, explaining your reasons. The quicker you move to modify, the more likely it'll be modified based on mistake of fact. Schedule a consult with a NYC Child Custody attorney for more info.  -- David Bliven, Bronx Child Custody attorney (

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