Legal Question in Family Law in New York

Have a current custody/visitation order in place where both parents have to agree on third party baby sitter if neither of us are able to have our daughter. Father just violated that this morning (because I was running late to pick her up when my alarm didn't go off) and he admitted to it in text.

Do I just fill out the general form 8a (petition-violation of court order) 4/2011? And do I put down the docket no. from the past court order and put myself as the petitioner on this one (the father is the petitioner of the original order)

Asked on 10/03/13, 7:38 am

1 Answer from Attorneys

Paula McGill Attorney at Law

I won't discuss the form, but one word of caution. Unless the babysitter was a felon, child molester, or drug dealer or user, you should be very careful in having filing the motion. The judge may think you are being petty. From what you said, it happened once because you were late. Therefore, this court matter may not work out the way you anticipate. I strongly recommend you consult with an attorney who is used to practicing before this particular judge before you file the contempt action.

Licensed and Practicing in New York

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Answered on 10/04/13, 8:02 am


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