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

Q: I have 50/50 custody and full decision making and full residential for the kids. What things can I say no to

What am I allowed to say no to with out getting in trouble. Do I have to let other parent talk to the children during the week. I let the other parent see children just not when ever the other parent would like. Due to having other plans and children wanting to see other family, is that okay?

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1 Lawyer Answer

A: We frequently get these questions that involve the "construction" of family court orders. The word "construction" means to construe, to analyze an order. We cannot construe this asker's order because we do not see it in its entirety. However, we can take a stab at the policies in effect behind family court orders.

Our current family law policy is to unite and maintain relationships between children and their fathers who pay their mothers child support. This quiets down the nation's rumble by men who lost their kids and must pay a "support" tax through the state. No order can be construed to limit contacts between fathers and their children, but rather to enhance relationships.

Assuming the order of custody states shared custody with full everything to the asker, there is likely no prohibition against contacts between shared visits. To the contrary, it is more likely the order provides daily electronic access between the father and the child. Moreover, it is also highly likely the order allows the parents to switch around and modify their access times by agreeing in writing to adjust visits. We do not know because we cannot see the order, and as such we must stop here.

The asker can get a better answer to her question by seeing an attorney with a copy of her order.

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