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Would like to cancel a Modification of Custody and Visitation

Brewster, NY |

I submitted an order of Modification for Custody and Visitation. But my ex-husband goes to great lengths to hide and deny the issues that led to this filing. He is highly contentioius and abusive. I feel that being in court with him does me and my daughter more harm then the issues that drove me to file. At this point I feel she is better off with me being out of court because her father takes it out on her as well as me. Can I go to the next court appearance and request that the case be closed? At least at this point he has started following certain court orders previously imposed.

Attorney Answers 2


  1. I am sorry to hear about your situation. You can withdraw it.

    You should contact an attorney to discuss your questions as additional information would be helpful.

    Our firm has many years of experience in the family law field.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)
    www.GreenbergMerola.com


  2. Yes, you can withdraw your petition. Some courts will allow you to withdraw by stipulation prior to your scheduled hearing date, others will require you to appear and explain why you are withdrawing you petition. Considering your ex-husband is "highly contentious and abusive", it may not be in your daughter's best interests to for him to share custody. The best plan would be for you to consult with a local attorney before you decide what to do about your pending petition. 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.

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