Legal Question in Family Law in New York
Child Custody Orders
have a situation where father has sole custody, 4 years ago an order was done about picking up/dropping off for visits, the arrangement now is father does one way and mother does the other, problem, is the mother never does it, father has at times did both ways, or she gets other family members to do it. Last visit he said he is done, no more picking up or dropping off. If you want to see your kids make your own arrangements. Plus kids are 14 and 16 they can and have taken public transportation. She threatens him with the order, but father has no problem going back to court, because since the order, mother still has no job and lives with her mother. Only pays $25.00 per month for two teenagers and does not provide anything else for them. Father would love to revisit the child support payments. What recourse does she really have regarding transportation for visits?
1 Answer from Attorneys
Re: Child Custody Orders
Bring a petition in court for a violation of the Visitation Order. Then request a legal aid attorney be appointed to represent her. It does not matter what has happened in the past in the case where the mother allowed the father to transport both ways. If he did that then he volunteered and that is not the mother's problem since he did not put in a violation petition.
As for child support, if the father wants to bring a petition for modification he can but if mother is truly unemployed and unemployable then he is going to be waisting his time.
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