Q: My son is now 7 years old and since we had this type of child custody and visition agreement by court, he doesnt comply with the agreed times for visitation. He blocks my calls when he is with my son. He does not do home work with him or make sure his school work is done on his designated weekends. There has been many occations that he bails out last minute to pick up our child during agreed times, so i told him to go to court to file for visitation, since we cannot coordinate without arguing ... He states that i am taking him time away, which i do not feel is true... what are my rights as a sole legal and physical custody parent?? are sleep overs mandatory for non-custodial parent??
A: David's Answer: If you have an agreement with "agreed times," then its not him who'd need to go back to court to modify, it's you. My advise would be to file a modification petition & ask that the order incorporate times when you can call the child when he's not with you as well as penalties if he cancels visits for no reason (such as forfeiture of the next scheduled visit). Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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