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My child's father refuses to help! What do I do?

Bronx, NY |

My son's father and I have entered into a joint custody agreement. However, when he is upset with me he refuses to pick my son up from afterschool as required in the agreement. When my son is sick he refuses to pick him up. I have had to leave work early numerous times because of his refusals and it is now affecting my job. Our agreement also states that we are to notify eachother of any changes to our work locations. He works construction and changes jobs several times a year. We also have a child support order. He refuses to give me his new employers information. How do I have him violated and what are my chances of obtaining full custody of my child with him getting only visitation?

Attorney Answers 4


  1. You can file a petition for modification of custody based upon his non-compliance with the Order. If the Order is very recent you may have trouble receiving a modification but it would be worth a try anyways. You should contact a local family law attorney to help you navigate that process.


  2. It's possible - but on those facts it's not a slam dunk case. You should discuss the situation in detail with a local attorney and see if it's worth filing a petition.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  3. If he is in arrears on Support, you can file a Violation Petition and in that petition request that payments be made through the Support Enforcement Bureau. If his failure to pick your son up after school is a recurring problem, you can also file for a modification of the Custody and Visitation Order so that you don't have to rely on him for the after school pick-up.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.


  4. I would certainly advise to move to modify the child support, at the least. Based on his unreliability, and to save you from getting fired, it would make sense to line up an emergency babysitter who can pick-up then child when he can't. This will be at cost to him, of course. In any event, if you are looking for a free initial consultation with a Family Law attorney, please feel free to call my Bronx office at 718-725-9600.

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