Legal Question in Family Law in New York

I am being dragged into court again by my daughters father and he is claiming I have violated our previous court ordered visitation agreement because I wont text him on the days he is supposed to show up. He doesnt show up for the days he demanded and got awarded, and he rarely shows up once a week. Am I in violation of visitation by not replying to his text messages or is he in violation by not showing up regardless if I don't want to chat and be social with him?

Asked on 4/03/12, 2:07 pm

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

If you didn't follow the court order regarding texts you might be held in contempt.

If you cannot text him during those days, you should consider filing a petition to modify the order.

Finally, normally, a parent does not exercise his visitation rights, a court won't find him in contempt. However, if the child support calcuation was based upon x days of visitation, you should move to modify child support because he doesn't exercise those rights.

Also licensed and practicing in New York.

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Answered on 4/06/12, 6:24 pm

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