New York, NY asked in Family Law for New York

Q: o i haven’t heard from my baby father since October 2019 . He hasn’t been following the order which is every other week

. And ask to take my son and the cops were really upset because he didn’t communicate with me first or he hasn’t been going by the order .i explained to them wats been going on and showed the the order and proof that I’ve been reaching out . I don’t know what else to do it’s going on 4 months should i file for a violation ? Full custody ? He also owes me 12,000 dollars in child support , should i put in a violation for that ? Idk what to do cuz I’m also pregnant with his daughter now and i don’t want the court date to close to my due date ?

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3 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: You should definitely file for a violation and contempt of the child support order. The Custody issue is more complicated. The court can not force him to see the child. You can file to modify the visitations to limit his visits and give you sole legal custody. Contact an attorney to discuss your options.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You should definitely file a violation of the support order. In regard to visitation, unfortunately, visitation is a right not an obligation so the father cannot be made to visit with the child.

John Anthony Pappalardo
John Anthony Pappalardo
Answered
  • White Plains, NY
  • Licensed in New York

A: You need to file a Violation and a Modification Petition

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