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My ex-husband will not allow my 15 years old son to work this summer

New York, NY |

My son lives with me and visits with his dad. My son got a job at a camp and accepted it for 6 weeks and half of that time is on the fathers time and will not permit him to work on his time. He is jealous that i coached him with his resume and helped him get this job. His father works full time and will be leaving him home to do nothing. What can I do about this? His father said on his time he will not let him work and this will cause him to get fired

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Attorney answers 7

Posted

You can move to modify the visitation order as it relates to the ability for your son to work at camp. The judge will have to determine what is in the best interest of the child. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

Posted

At this point, you must either get the father to agree or get a modification to the visitation schedule in the existing court order. In addition, you should help your son understand that unless and until it is changed, the existing court order controls the situation--not you, not the father and not your son. Unfortunately, it seems your son either disregarded or was uninformed about the obligations of the court order. In the future, he will know to deal with that first and then make his plans, not the other way around. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Posted

File a motion for a temporary modification of the visitation arrangement. You should consult and/or hire a lawyer for this.

Posted

Definitely move for a modification. The father is no acting in the child's best interests

Posted

I agree with the other posters - your remedy at this point would be to file a modification petition and request that the Judge give him permission to work the job. It behooves you to gather the information on the job to show the Judge in what way (rather than merely "making money") it will benefit your son. I also encourage you to schedule a follow-up consultation with a NYC Child Custody attorney.

* If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

Posted

I hate to offer killjoy responses to otherwise serious questions. I would avoid filing anything anywhere. The father's parenting time is his business and his right. The custodial parent has no input into how to regulate the non-custodial parent's time.

To impose in this way means that litigation battles will follow non-stop until the child ages out at 18 in New York. The child will have animosity toward both parents. It is in the child's best interests to leave each other alone and keep litigation away from the child. If there is a work opportunity that the non-custodial parent is neglecting, so be it. Leave it alone.

Posted

Are you sure your ex's motivation is jealousy over your coaching and assistance in finding the job and not anger over your coaching and assistance in imposing on his parenting time? Was he consulted at all prior to your son applying for the job? Remember, his parenting time is just that, his. As the non-custodial parent, he probably gets far less time with your son than you. Perhaps if you offered some additional time in compensation he would be more willing to facilitate your son's employment. I would explore that possibility before running into court.

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.

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