Q: me and the father have joint custody i live in FL and the father and child lives in NY. we have a joint custody order in place and he has physical residence of our son due to the fact i moved without going to court. ever since i have not been able to contact the father only his GF. and when i do talk to our son he 3 years old and he says he hates me and dont want to talk to me i hear them whispering and my son also whispers back, the father also does drugs but the court did not test him? i dont know where they live they lied to the judge. is there anything i can do hes going against the order??
A: David's Answer: It seems like the father is violating the joint custody order. Thus, you're well advised to set him up good. Keep a careful paper-trail by writing him e-mails or letters documenting each & every alleged violation. Document the prior instances as outlined in this posting with the approximate dates they occurred. If the situation isn't rectified - and soon - you should strongly consider filing a violation/modification petition. Schedule a consult with a Family Law attorney in the area where the father resides. -- 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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