Q: my exhusband and his girlfriend recently broke up and he moved out of their home.
He wants our son to continue visitation with the now exgirlfriend even though he's not there. Do I have to allow my child to go her home for visits even though his father isn't there. His father lives in staff housing and can not have our child there. Our son doesn't not like staying with the now exgirlfriend ( they do have a 5yr old daughter together). They both live in New York State and my child and I are in Massachusetts where our order is filed.
A: If your child is going to the ex-girlfriend's house to spend time with his Dad, I don't see a problem based on the facts you provide. If Dad is simply not seeing his child, that's another story, and you may consider filing for a change in the custody order via an emergency motion. You have to continue obeying the custody order currently in place until a new one is issued by a judge; otherwise you'll be in contempt of that court order. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
