Can I go to family court to modify the current visitation order in effect from IDV court, my case is still pending in IDV.

Asked almost 4 years ago - New York

I have recently learned that my husband is telling my daughter about the divorce case, that he has no money because of me and is telling her that I will have him put in jail if she tells me what he says to her. I want to go to family court immediately and modify the visitation order. my case is still pending in IDV though. Does a family court Judge have the jurisdiction to modify visitation based on this information or is it not enough of a circumstance to change visitation? this is hurtful manipulation of my child and needs to be addressed and stopped by the Court. My question is can family court modify a visitation order from supreme court, if the case is still pending, or will they turn me away? My attorney for some reason is not submitting any motion papers.

Attorney answers (1)

  1. Wilson Soto

    Contributor Level 6

    Answered . First thing you need to do is to inform the child's law guardian about this situation. If there is no law guardian, then make sure you get one assigned to your case so that he/she can raise these issues on behalf of the child. If you are in IDV with a pending criminal matter and divorce, then you cannot go to family court to modify the existing order. Once you have a divorce matter pending in Supreme Court (IDV), then family court is divested of jurisdiction during the pendency of the action (unless the Supreme Court Judge refers the matter to family court - not common). Depending on the severity of the communication and its impact on the child's well-being, then 'supervised visitation' may be warranted until the behavior stops. Your request for a modification of the existing visitation arrangement should be commenced by way of Order to Show Cause before the judge presiding over your divorce case.

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