i live in ny and have joint legal and physical custody of a 3 year old. I moved to upstate ny from long island with mothers consent almost two years ago. recently she has not come to pick up the child as we have been alternating visitation every two weeks. she has since filed a petition in court saying i didnt the follow the court order by not bringing him back to her or sending her money to pick him up. what are my rights and is this my responsibility. the court order does not state who picks up and drops up and we had a verbal arrangement.
2 Answers from Attorneys
I would need to see your court order. It does not appear that you willfullly violated the court order but since this is a violation petition you may want to retain counsel to represent you.
I agree with Attorney Trager. Two main points: (1) regardless of whether you hire an attorney, don't miss a deadline or court date or you may be held in contempt; and (2) at the minimum, take the court order and any e-mails or texts to an attorney for a consultation. You don't have to necessarily hire counsel, but you should take the time and money to discuss the case with an experienced attorney.
Also licensed in New York