Q: Are non violent or severe family order violations enough to say a change in circumstances has happened to modify order
I seen on youtube a lawyer who said the violations of custody order can warrant a change in circumstances as the original order was not followed
Violations such as order says itinerary for trips outside the state must be provided at least 48hrs in advance or more. And the mother on multiple times, even with text reminders, emails, phone calls has sent it to me 1 day before, the day of, and more recently 1hr before flying away.
Additionally the order states daily phone calls shall be initiated by parent the child is with between 7-8pm to insure the other parent is not bothering or calling excessively to communicate with child, providing further issues.
However over many months the mother has repeatedly called 1hr after, 2hrs after, and sometimes even later or not at all.
Order says I must be put as emergency contact, found out mother for camp didn't list me as emergency contact for out of state camp she sent son to.
A: It depends on the seriousness of the violation and whether the court will think the custodial parent is no longer fit to be custodian. Not all violations are the same. At most, what you discribe would likely get a slap on the wrist. Finally, be careful listening to lawyers on You tube. Speak to a lawyer about your personal situation.
A: Violations - depending on the nature, severity & frequency - may indeed satisfy the standard of "substantial change of circumstances." But that is a completely separate question from whether the court will then switch physical custody as a result. Even with a violation established, the court in most instances will need to conduct a best interests hearing in order to determine whether a switch of custody is warranted. Schedule a consult with a Westchester Family Law attorney for a full assessment.
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.