Legal Question in Family Law in New York
Visitation issues
My husband has legal custody of his daughter and her mother has alternate weekend visitation - pick up on Friday, return on Sunday. We live in Staten Island and she recently relocated to upstate NY. During the weekend of Easter and the child's tenth birthday, my husband allowed her mother to pick her up on Thursday instead of Friday. On Sunday the child was not returned. The Sherrif in that town was contacted and she informed him that she just could not make it. On Monday my husband went to court and the judge issued a writ of habeus corpus for the mother to produce the child in court on Wednesday. It was later discovered that the mother also went to court on Monday. The judge did not make her return the child on Monday while she was in front of him, he gave her until Wednesday causing her to miss a day of school. She is consistently late returning the child and in the past she has made false allegations to ACS alleging that we abuse our children. We were investigated, the allegations determined unfounded and the case(s) closed. My question is what can be done to address the courts like of action against this woman's constant disregard for the court orders and the judges lack of action to inforce his own orders?
1 Answer from Attorneys
Re: Visitation issues
You should consult with an attorney to file a contempt request or at least a petition to modify visitation.
Just for your information, most judges are very reluctant to honor a request for contempt unless the violations are so egregious that they are endangering the welfare of the child.
Joel R. Salinger, Esq.
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