Skip to main content

Can a child under 12 call the custodial parent to pick them up during non-custodial parents' parenting time?

Yonkers, NY |

9 yr old daughter go upset during NCP's time? Daughter tried to get stepsister in trouble by pretending to fall but got upset when brother did not get in trouble. Daughter called CP to pick them up. while on the phone, the child falsely accuses non CP of abuse. CP picked up child and went to police. NCP notified police that CP picked up kid. police said it was not interference since kid called. Should NCP get a copy of the police report? Parents already in an ugly visitation and custody battle. NCP has already filed several petions about CP's denial of several visitations and petition for modifcation. Judge reassigned Child's Law Guardian. Date set in Oct. Anything NCP can do until Court Date? Should NCP speak to Law Guardian about getting therapy for child? CP disagrees w/ therapy.

Attorney Answers 5


  1. It is apparent from your set of facts that your daughter has issues with the step siblings, among others. The NCP should speak with the law guardian about the problem and suggest therapy. Like many children with "new blended" family members, there may be problems with adjusting to this new situation. Therapy may go a long way in resolving the problem.

    pmcgill@mcgilllawoffices.com (516)510-0112 (phone) (202)747-2882 (facsimile)


  2. Request the counseling and kake sure you have an attorney.


  3. Counseling will be a good step.

    This response is not intended to create an attorney client relationship and is based on the limited information available at the time of the response. Before acting on anything stated or referenced in this response you should consult with an attorney of your choosing and go over the specific details of your legal circumstances.


  4. Sounds like a pre planned set up. Do not try to ask a million illogical questions and expect brilliant answers. You need a lawyer fast. Don't delay in preparing a defense.

    Good luck.


  5. Generally child does not get the "trump" the visitation order. Police are notorious for giving wrong legal advise - which is explained by the fact that most of them are not lawyers. Yes, the NCP should get a copy of the police report, though it may not help in this instance. At the least, NCP should BOTH reach out to the attorney for the child as well as keep a paper-trail. Bear in mind, however, that the attorney for child may be unhelpful as they are generally required to advocate for what the child wants - and if the child wanted the visit to end, that's generally the position s/he will take. Schedule a consultation with a Westchester Child Custody attorney for a full assessment.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics