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

Q: In NYS, would a judge allow my request to have my children dropped off by school bus for my parenting time on fridays?

My girlfriend and (soon to be ex) wife have engaged in physical altercations, she is not allowed on the property anymore for trying to run gf over and running car through her house, she is always trying to find an excuse to get out and hang around and be close to me and talk to me, she was given permission to drop children off at the start of the driveway, with no reason to pull up to the house and garage(we have 2car length driveway) she is refusing to do this because she can’t pull in the driveway and talk to me or get close to me, like she wants. I’ve asked for the kids to ride the bus from school to my house on their weekends with me, and I would drop them off on sundays. She is threatening me with court saying a judge won’t allow it, and demanding now that I pick up the kids from her house so she can control the situation to try and get close to me like she’s been trying to do. Would a judge allow the bus drop off despite her being against it?

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1 Lawyer Answer
Peter Christopher Lomtevas
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  • Divorce Lawyer
  • Schenectady, NY
  • Licensed in New York

A: A judge does not have jurisdiction over a school to enter an order to compel a bus driver to drop off a child to a parent. However, if the school has such a service, the asker is free to avail himself of that service consistent with the demands of the other parent. This certainly does not help the asker, and a solution may lie in a divorce action that compels the parents to avail themselves of such a service if it exists.

The asker must retain counsel for a better response.

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