Q: child went with father this morning for a 5 week visit. after 7 hours the child is not happy, and never is when with the father. the child is 9 years old. the father is military and rarely calls the boy. what is a custodial parent to do in this circumstance. it makes me want to cry for my son. Perhaps said this 5 weeks can be changed, which i think should be done. i believe 5 weeks is to long for a child to be away from his mother especially when the child is not happy with the father.
A: David's Answer: Here's the problem: you appear to be speculating at this point as to why the child is unhappy. Moreover, if the summer visitation is by relatively agreement or decision from a Judge, you may have a tough time modifying the prior order merely on the set of facts you have asserted. While indeed procedurally you may change a prior order by filing a modification petition, unless there are more facts it may backfire on you as it may come across that you simply don't want the child to develop a good relationship with his father. -- 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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