Legal Question in Family Law in New York

I have custody of my 7 year old daughter and my ex-wife has visitation. There is an Order of Visitation in place, but it conflicts with the dance class my daughter wants to continue taking. My ex and I have come to an agreement on a change in the visitation schedule. I asked my ex to sign and have notarized a statement that describes the changes from the Order of Visitation. She says it is not legally binding because the Order of Visitation has not been amended. Is she right? Or is it enough? I didn't think we had to go back to court since we are in agreement, but I don't want her to be able to use this against me in the future if we aren't following the Order of Visitation and this statement isn't legally binding.

Asked on 9/13/13, 7:33 am

1 Answer from Attorneys

Bruce Provda Provda Law Firm

She is somewhat right in that the Order of Visitation stands in court until it is legally amended. However, if you both agree on an adjustment for the duration of your daughter's dance class, there would be no reason to go to court over this temporary adjustment. While the document doesn't change the overall visitation order, it will show that you both had an understanding about the temporary adjustment so why not have it.

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Answered on 9/24/13, 1:24 pm

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