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Ex husband took our son to NY without my approval during my…

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Hello, Ex husband took our...
Hello, Ex husband took our son to NY without my approval during my custodial time for 3 days. He didn't offer any make up time for me. We have 50/50 custody.
He is also very verbally abusive with me, and doesn't take co-parenting classes as ordered by the court.
What is the best course of action to take:
Temporary emergency ex parte order or Motion of contempt? What could be more efficient in obtaining more custody?
Thank you!
Submitted: 10 months ago.Category: Family Law
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Answered in 2 minutes by:
11/15/2017
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 15,625
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thanks so much for your patience. Usually, an emergency ex parte order is generally what happens when you need something changed on the order immediately. For instance, if you found out that he was going to take the child to Brazil indefinitely, you may need to file an ex parte order. On the other hand, a motion for contempt is usually there to show the court that he is not acting consistently with the court order. You may have to leave out the verbal abuse part because that's not a part of the court order; however, if he is not abiding by the custody order by taking him to NY, then the motion for contempt may be more efficient. If you click here, you can purchase a template to help you with your motion. What other questions did you have for me?

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Customer reply replied 10 months ago
Can I also use emergency ex parte to request the following orders:
-To change child"s drop off location bc I moved to another city and dad still demands me doing drop offs at his city which is too expensive for me
- Dad started receiving free daycare bc his GF is a teacher there but I am still billed for daycare, and my child support should be more.
-I had significantly less income this month bc my checks were delayed and I had huge expenses due to the forced move
Thank you!
Customer reply replied 10 months ago
Sorry I had to clarify the 3rd one about less income- so I wanted to see if I can request to increase child support based on this fact
Family Lawyer: Legal Eagle, Lawyer replied 10 months ago
Hi, I'm sorry for the delay.1. Yes, you can request a change in drop off if it is better for the child.
2. You can request more child support, but there has to be a good basis for it. Whether this is a good basis depends on the judge.
3. No. It depends on his income primarily.
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Family Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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