New York, NY asked in Family Law and Child Custody for New York

Q: In NY can a parent keep a child from staying at the other's where the separation agreement is just verbal.

We tried mediation and it failed. We both want a divorce but haven't filed yet. We live in the same building for the time being and agreed to have our 13 year old on alternate weeks. Now they are having anxiety issues when with my spouse for more than a couple of days, but he dismisses me when I suggest they stay a little bit longer for extra emotional support. He keeps talking about his right to equal time. We enlisted the help of a mental health practitioners but I am very concerned.

Can he force her to be at his place more than she wants? What are her rights?

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1 Lawyer Answer
Sandra M. Colatosti
Sandra M. Colatosti
  • Licensed in New York

A: If you prohibit him from having parenting time he can file a petition with family court seeking custody and/or parenting time. You also can file for the same relief to address the issue b

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