I am sorry that you are going through this, you should add either odd even or create a parenting plan that specifices weekends, holidays etc, this should be part of your separation agreeemnt and enforceable by the court. take care.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
Typically, the agreement would say that the fathers first weekend will commence on a specific date and then alternating thereafter. The police will not typically get involved in enforcing a custody order. They will direct you to family court to either modify the agreement of violate the father. It should be easy to determine his alternating weekends. For example, if this weekend is yours, the following weekend should be his and then alternating thereafter.
Go to the Family Court clerk and get a form order for a parenting plan that specifies the weeks and times for child exchanges as well as holidays. You or your attorney come up with a proposal and send it to the other side. Some courts offer free mediation services to help if you and the other parent have such poor relationships that calling the police seems to be the first option to you. They may suggest more effective and mature ways of dealing with the situation with the child's interests and welfare in minimizing conflict between the parents for the child's sake.
Lastly, like everything else, you can use email to discuss arrangements without getting into nastiness and unpleasantness and to keep a record for the court in case of enforcement of violation proceedings. And like everything else these days, there are low cost website software tools like "Our Family Wizard" (see link below) to help.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
Generally, the NYPD don't like to get involved in visitation disputes. If you are having issues with visitation, you can go back to court to enforce the terms in your divorce judgment or order. If you feel the terms are unclear and your ex agrees, you can enter into a new agreement without involving hearings. You may want to contact a lawyer to discuss your options.
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
Sign up to receive a 3-part series of useful information and advice about child custody law.