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I have a question in regards to my custody arrangement. I…

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I have a question...

I have a question in regards ***** ***** custody arrangement. I share joint legal custody of my child with ex husband and I have physical custody. As our divorce paperwork states we are supposed to alternate each week for equal custody time. my ex refuses to switch on a weekly basis and demands that he sees our child whenever he wants. what are my rights and what are his rights?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don't think so

Submitted: 7 months ago.Category: Family Law
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Answered in 5 minutes by:
10/4/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 11,399
Experience: Licensed to practice before state and federal court
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Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm sorry to hear about your situation. Generally, the courts require that the parties are going to work together when it comes to physical custody. If the custody agreement simply says that you were supposed to alternate each week for physical custody, then that does not imply that he has a right to see the children whenever he wants. If it is inconvenient for him to see the children when it is not his week, then he may be in violation of the court order. If that is the case, you may want to consider filing a motion for contempt. I know of a website that has a template for motion for contempt and if you click here you can see the template and by one if you want.So, the bot***** *****ne is that if the children are with you for that week, then the other party does not have an automatic right to see the children whenever they want. If that was the case, then the court order would reflect as much.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Category: Family Law
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