The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »
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...Read more »
I travel once a month for work and follow all protocols including obtaining COVID testing. Every time I travel, my daughter's mother demands to see a negative COVID test from me before she will allow my daughter to come back to me. We have had a one week on/one week off visitation schedule... Read 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.
The order of visitation is a court order that needs to be followed. If you don't follow it then you are in contempt. Try working this out with the other parent. See if they will agree to a test here in NY for the virus.
The court case was started in KY because of ex husband. My lawyer in KY is not contacting me when court is in session. They have not put my daughter on the custody or support case (born Feb 2020) and my ex husband is lying to the judge about the circumstances of myself and my son moving back to NY... Read more »
It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be...Read more »
Regarding to children's schedule during holidays and birthdays. The signed temporary court order (expired) has no mentioned of parent's birthday, only Thanksgiving and Christmas. Ex-wife chooses when to use draft or signed court order to her benefit. We also agreed to change schedules... Read more »
Unless the draft order is one that was done on consent of by court order, then the signed temporary order controls. Temporary orders expire only if they say they do or the events in the order have already happened. You should also be aware that due to the courts being closed, all temporary orders...Read more »
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