Tuesday, October 2, 2012

My ex filed a violation of Custody and Visitation in NYS. Clarification of the Visitation and Custody still possible?

Q: My ex claims the seven days of summer vacation start the first day of my scheduled visitation. The Custody and Visitation paperwork states that I have seven days of vacation with my daughter. It does not specify that it includes my scheduled weekend. I took my vacation starting after my scheduled weekend visitation and now my ex has filed a violation. My ex has been very difficult to work with. He has scheduled events for our child during my parenting time and allowed me only 3 hours during holidays my child is scheduled to be with me (pick up and drop off is not specified in the order for holidays) Can I file for clarification of the order even if the violation already has been filed?


David Bliven’s answer: Indeed, it is highly advisable you should file a cross-application for modification. Obviously the terms of the original order need to be clarified & that can really only be effectively done on a modification application.

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