The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... View More

You should request a therapist referral from the provider who is leaving for a successor therapist. Both parents should have input for the new provider. If the other parent refuses and there is a proceeding pending or if there is not a proceeding one would need to be brought- for Modification... View More

You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... View More

It depends on what the custody order or parenting plan says about time with the other parent. Review those, or use the Find a Lawyer tab to retain a local family law attorney to review all the circumstances and advise you.

Hello, thanks for your question! I would recommend that you reach out to a local attorney in your area soon so that the attorney can learn more about what is going on and advise you as to how to proceed.

The title of your post says "without breaking a court order" -- is there... View More

It depends on what your court order says. If the order grants you a defined schedule of visitation - alternate weekends from 6 pm Friday to 6 pm Sunday, for example - and your ex-wife is interfering with that schedule, you can file a rule to show cause in court to seek enforcement of that... View More

I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court... View More

You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... View More

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... View More

In my experience, judges don't have a lot of patience for things that aren't a good use of their time, like having a hearing that doesn't accomplish anything because one party hasn't provided info they were supposed to provide. Judges have a lot of discretion in how they handle... View More

The order is the order and must be followed as written. There have been several reported cases which say that. You have the right to file a violation petition and a writ to get your daughter. In the end, it will be up to the court to decide if the mother had the right to withhold your daughter.

Relocations are moving more than 50 miles from where you lived at the time that the parenting plan was entered. The move is not 50 miles from the Father. This could lead you both to living up to 99.9 miles from each other if you each move almost 50 miles from the original family home. This could... View More

So sorry to hear you are being treated this way. Yes, you have rights. Suggest you contact a local Family Law attorney or the Legal Aid society about getting a divorce and seeking a temporary restraining order against your spouse, his girlfriend and his father for the harassment. Meanwhile, you... View More

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answered on Jan 19, 2021

You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... View More

You have the rights given to you by the court order for parenting time. But the lockdown rules have created an unusual situation, and problems for compliance. You can file a motion with the court to enforce the court's order, but your ex can then explain to the judge her reasons for limiting... View More

You really need to gather all records you have, including getting a copy of your payment history. It's not necessarily a question of how many years you paid; it's a matter of how much money you owe during the period you were ordered to pay child support. It is possible to have arrearages... View More

No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... View More

This is a unique problem related to the COVID situation. The Texas Supreme Court has issued a general order that parents are to follow the underlying order regardless of lockdowns and school closures. If a parent wants to deviate from the current order - for any reason including a positive COVID... View More

Unfortunately, due to the COVID-19 pandemic, it’s been fairly common for hearings to be postponed – sometimes even more than once. When a judge rules to postpone a case, it can be due to matters outside the party’s control, as in the case with COVID, or based on the judge’s determination.... View More

If you don't follow the court ordered parenting plan, then your ex can file to have the court hold you in contempt. You could then explain your concerns to the judge. Or you could file with the court to modify the parenting plan to include additional requirements and limitations to cope with... View More