Legal Question in Family Law in New York
My ex-wife and I have a different type of child placement schedule. I get the boys for 8 straight days and she gets them for six straight days. It has been like this for 7 years. The boys are 13 & 14 years old now and she has convinced them that they should live with her full time. Can they just choose to live with her because she has more leanient rules of the house?
2 Answers from Attorneys
She will have to file a petition to modify the custody order. The children cannot simply decide to modify the schedule. If the ex keeps them in violation of the current court order, you can seek court intervention by filing a motion for contempt.
Also licensed and practicing in New York
You should also file an enforcement petition as quickly as possible. If you allow too much time to go by a court may feel that you have consented to this new arrangement.
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