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.
Wednesday, March 5, 2014
I'm going back to court in a couple months. What kind of things should I ask to be written in the new order?
Q: Order of modification- I'm seeking more time with my child. I disagree with my child's father a lot. He constantly blows off parenting time. We were told to make a verbal agreement about tax returns. We agreed he would claim, I get half. He has claimed him for the last three years and I have not received a penny. I have primary physical. At the court ordered time my bf will pick up my child sometimes because I do not want to deal with the conflict. My bf and my child's father are friends, thank goodness, but sometimes just to be a jerk he wont allow my bf to pick up, he wants me to. Should I ask for: The next three years to claim taxes, then alternate? That me, my parents, and partner can pick up my child? That any more time agreed should be honored? We can only transfer fund via check?
A: David's Answer: You may ask for all of the items you've outlined. How likely it will be that you'll be granted same depends in part on a review of the agreement as well as a full assessment of the history between the two of you - as well as his potential defense to same. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)