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Modifying a Visitation and Custody Order

Peekskill, NY |

My ex and I are are to alternate holidays but the problem is that the order does not state a specific time our parenting time starts on these holidays. This coming memorial day, my children are scheduled to be with me since they were with my ex last year. I asked my ex if I can pick up my son and daughter at noon since I want to take them to an afternoon baseball game but he said no and that I can spend time with them from 3pm until 6pm. I've been trying to make plans and have asking my ex to let me know but he only replied today, a few days before the holiday. Every holiday is like this. My ex will not confirm what time I have with them until a few days before or even the day before. Can I ask to modify the order so specific times are noted for holidays?

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Attorney answers 4


You can and should have the order modified to specify your parenting time on holidays, weekends, and summers. You should file a petition to modify your visitation/custody order so that this can be delineated in a court order. You want to do it as soon as possible so you don't have this same issue in the coming summer and holidays. Contact a local family law attorney to assist you with this.

This information is provided for General Legal Education and does not create an attorney client relationship. Tenaja A. Montas, Esq is admitted to practice law in the state of New York. For further information I may be contacted through my website or at my office (347) 455-8023.


I agree. Especially here in NY, where everything takes time.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


The short answer is yes, this appears to be a good basis for modifying the order. You are best advised to schedule a consultation with a Westchester Child Custody attorney for a full assessment.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


I am sorry to hear about your situation.

You should contact an attorney to discuss your questions as additional information would be helpful. Will he be willing to put something in writing if you tell him that otherwise you'll go to ct. to get a modification?

I wish you the best of luck.

Please remember that I do not normally monitor these questions after I have posted a reply but can be reached by telephone.

Free phone consultation Monday — Thursday 1-5 pm.

Hayley Greenberg

Greenberg & Merola, LLP, Attorneys at Law
91 N. Franklin Street, Suite 211, Hempstead, NY 11550, (516) 887-1975

521 5th Ave. Ste. 1700, New York, NY 10175, (212) 593-6111

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