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Ex continues to interfere with visitation. Need help PLease!!!!

New Rochelle, NY |

My ex continues to interfere with my visitation. For the last two months, each weekend I was scheduled to pick up my daughter, my ex has either not been at home or texts me that I cannot pick up our daughter until an hour after my court scheduled time. My ex has just told me she confirmed our daughter to a party for which is for next weekend when our daughter is with me. My ex is now telling me I can only pick up my daughter from the party which ends three hours after the court granted time. Can my ex continue to do this? The court papers do not state that my daughter's social and sports activities do not supersede my visitation time. I've already filed for an enforcement and modification but the court dates aren't until the end of July. Is there anything I can do?

My ex is becoming verbally abusive to me infront of my daughter and continues to deny me visitation. Just now, my ex is now telling me I cannot take my daugther on vacation this summer even though it is granted. I've gone to the police station to file reports and as each day is passing, my ex is becoming harder and harder to co parent with. Is there any way to ask for an emergency hearing?

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Attorney answers 5


You may try to file an order to show cause (along with another violation petition) in an attempt to speed up the court date. You should also keep a paper-trail, confirming each communication you have with her. In the interim, call her bluff & offer to take your child before/after the event which is scheduled and/or offer to accompany her to the event. In any event, you should 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.


Go to North Avenue family court and file for a violation of the court ordered visitation and a modification to clarify the pick up anddrop off times and places. Consult with a family law attorney to help you.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


You've done the right thing, getting into a court. Until then, nothing you can do beyond persuasion.

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.


You should probably consider filing a petition seeking a change in custody. Such repeated frustration of your parenting time is a good basis for arguing for a change in custody. You should consult with an attorney.


You have several options here. Your best bet would be to get a family lawyer on board because there are several things you can do. Your attorney will advise you of the different things that are available to you, such as filing an order to show cause for immediate relief. The clerks can only help you so much -- you should get an attorney to help you get the case on the calendar sooner based on what you are stating here. Best of luck to you.

If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly. The answers provided here do not, under any circumstances, create a lawyer-client relationship and are provided to supply a general answer based on the facts as given by the author. The above attorney is not giving advice but is answering the question in general terms. At all times, the above attorney will advise the author of the question to seek independent legal counsel. The above answers should not be relied upon by the author or by anyone else for the authoritative answer to the question; consult with your own lawyer for your legal questions.

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