Wednesday, February 4, 2015

There are no set custody terms in my divorce. Who decides when I can see my child?

Q:  New York Supreme, New York County has granted me a decree of divorce with no set custody or visitation agreement in place. My Ex, who has physical custody is demanding I take our child at certain times, As there are no established times, who shall decide when and for how long I can take my son?

A:  David's Answer:  Visitation cannot be forced upon the custodial parent. If there's no set schedule, then visitation is "as agreed upon" - thus, if there's no agreement, you'll need to either present the issues to a mediator or go back to Court. Schedule a consult with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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