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.
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.
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?
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