Do I need to get a court order for visitation to see my child?
4 attorney answers
You absolutely need an order. Unfortunately, the mother is apparently using the system to try to keep you away from your child. This situation is all too common and unless the parent that is being excluded enforces their rights they will ultimately lose them. Cases like yours, where you have a rotating schedule, are also a common occurrence. Many police officers, firefighters, postal workers and other have schedules that rotate like yours and the courts deal with these cases all of the time.
Speak to an attorney as soon as possible to discuss your particular situation.
I am an attorney with over 15 years of experience in Matrimonial and Family Law. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this statement is based upon the limited information provided and do not indicate an attorney-client relationship
Yes, it sounds like you will need an order otherwise the other parent is not going to cooperate with you. That said, it may be difficult to get an order that is as flexible as you need to accommodate your current work schedule. There will probably have to be some kind of compromise. I suggest you reach out to a New York family law attorney to discuss your situation in detail and be advised accordingly. Good luck!
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This is a difficult question to answer. Courts enter orders that have serious, long term effects that often fail to address an issue. Courts are unlikely to write an order that has a rotating, week-by-week, custom crafted parenting plan. Instead, the order will have a fixed plan stated in as few words as possible. A parent with a shifting weekend schedule will be disappointed with a visit to a family court. The next big problem is that the asker will lock himself into custody to mother which exposes him to child support and its enforcement. This is mommy money paid by dad under threat of jail.
The asker should consult with an attorney to determine best what to do.
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You can request a modification of the current custody order to try to request an order that fits with your work schedule. You should contact an attorney to discuss your situation and options.
If my answer was helpful to you, please click on "helpful" or "Best Answer". My practice focuses on high net worth and complex divorces, divorce and separation, custody, family based and business immigration, estates and litigation. I'm licensed in PA, MD, and NY. This answer is for informational purposes only. It does not establish an attorney client relationship.
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