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If i follow court orders until modified will the jusge make me still follol old order

New York, NY |

I have an oop and court ordered sole custody. I moved 8 miles away. The bisitation order states nothing about me moving or informing him etc. The p/u and d/o have my old address. I put in a modification to move and am following the order by driving to my old address for the time being because my soon to be ex will not go to the new apartment and says he will put in a violation if i am mot there?. Will the judge say since i have been doing it i will have to continue to. Or will he tell my husband to stop with the baby revenge?

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Attorney answers 3

Posted

You are doing the right thing, follow the old court order then resepctfully tell the cout why you need the modification and remind the court that you respected their court order while you were waiting your chance to be heard.

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.

Posted

If it's 8 miles, I doubt the Judge will have an issue with it, so long as the father has a car. If he only has public transit, however, and it substantially increases his commute time, the Judge may direct a middle ground for the pick-up/drop-off. In any event, to the degree you have further questions, I encourage you to schedule a follow-up consultation with a NYC Child Custody attorney.

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Asker

Posted

The father does drive and has moved but will not tell me where. When i moved it was only about 5 miles from his apartment. I feel i should not have to suffer because he is jealous and admitted he is trying to make my lufe miserable at the cost of my child

Asker

Posted

The father does drive and has moved but will not tell me where. When i moved it was only about 5 miles from his apartment. I feel i should not have to suffer because he is jealous and admitted he is trying to make my lufe miserable at the cost of my child

Posted

Unfortunately, no attorney can predict exactly what a judge/magistrate will say or order, but you would be well-served to discuss this situation with a New York domestic relations attorney (if you do not already have one).