Legal Question in Family Law in New York
child visits
my husband has an order from a judge made in 2005 that he is to have 3 wks vac with his son ,he put in his weeks and the sons mom now has a lawyer ,who denied the visits saying the son has difficulty going w/ his father on weekend visits the child also does not want to return to the mother when we return him , we gave the 6 weeks notice we were suposed to ,does her layer have the right to change the order? thankyou
2 Answers from Attorneys
Re: child visits
Strictly speaking, no one may disregard a court order. However, a court may excuse a technical violation where there were extenuating, or emergency, circumstances.
For example, if the mother's attorney establishes, after the fact, that the child would have been severely harmed had the parties complied with the court order, the court may overlook the violation. However, the proper approach by the mother's attorney, if there is time, is to immediately petition the court for a modification of the order.
Re: child visits
The lawyer should not unilaterally change the order. Does the child have a law guardian? The law guardian should have some input. It sounds like your husband needs an attorney. If there is an attorney involved, then he should certainly hire one himself. You can visit my website at www.traceyabloodsaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
