Q: Visitation order ?
I haven’t acted on a visitation that I was granted by the court from 10:00 to 2:00 Sundays only for about two years now, reason being I do not asked for this order because I wanted something more extended also I do not have contact with the mother either by phone or text I live in NJ she lives in NY. What will be the beat approach to obtain a new visitation given the fact that I haven’t acted on the current one due to the fact that I do not want or agree with current order .Also I haven’t had physical or any type or contact with my daughter I called the phone there’s no answer I travel to NY nobody answer door .
A: Your failure to comply with the prior order and failure to excercise visitation or go back to court for 2 years will hurt you. You can file for a modification arguing that the mother refuses to effectuate visitation by refuses to contact you but you not taking any action yourself will not be a positive. Contact an attorney to discuss the specifics of your matter.
A: You can't get a modification of an order because you don't agree with it. The fact that you haven't had visitation in 2 years is a negative in any event. What you have to do first is make attempts to exercise visitation and keep a log of what you tried to do and when. After 2 - 3 months with no visitation you file a violation and enforcement petition in Family Court so that you can get visitation going. After about a year of REGULAR visitation you can ask to modify the current order to get more time.
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