Q: I am in a bitter custody battle with my ex and now the family is claiming i hit her brother's parked car. I did not hit the car. I am receiving text messages about it and when I went to pick up my daughter, my ex's mother refused my visitation and accused me of hitting her son's car. This was all infront of my son. Can i ask the judge for an emergency change in pick up/drop off? can I request my ex only be present? Also, can I file harassment with the cops for their continued accusations? I was able to obtain a police report about the accident and and it stated that the cop could not state if the damage was from my car. Also, the police report states only the brother saw the accident but the family is now claiming they all saw the accident including my daughter. This is affecting my child
A: David's Answer: You may file a motion in the custody case to request another pick-up/drop-off location. As for the "harassment," it's probably better to first send a cease-and-desist letter along with a copy of the police report. If they communicate with you further along the same lines after receipt of said letter, then file the police report. For a full assessment, schedule a consultation with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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