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visitation denied?

Started by shellcode, Oct 18, 2012, 05:54:55 PM

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Hello, I live in NY, so does my ex and my 6 year old daughter.She has physical custody while we share joint legal custody, and i have every other weekend visits from Friday 5pm to Sunday 6pm.My ex first violation was back in Nov, 2010 and the second was in Dec 2010, i filed a violation and was awarded make-up time.Now in 2011 she violated again and put a order of protection against me ( falsley accused) and also violated my visits again on my daughter bday, so i called the cops went to the mother house, and her father told them that she went shopping.So i filed a police report, went back to court, but the judge didn't address the issues, and told us to fix the order of protection...few months we settle, and try to fix our problem. So now another violation has oocured the mother told me she getting married to guy she met in Dominician Republican,and that she would her daughter there, i was skeptic not to let my daughter go, so my ex took me to court, and she told the judge that our daughter would be back in time for my visitation, and that her daughter would go to DR in the mother's time.So i believed her and i did sign the passport..

And than i receive a text saying" that she might not get married," and she said that my child would be back because her grandmother is going as well, and she bring her back because she got school, and i have visitation..And next thing i know ( this happend friday) she told me that her and her mother and the child are leaving Saturday October 14, and we not coming back on the 22nd of October...my visits starts on the 19..i been tricked and she left the country, her plans for the trip was been booked to leave the country the 14 and come back on the 22nd and i didn;t realize it, i been lie and maniplulate into her tricks,Now i'm going to court, and file a police report,my question is can this be a change of custody? i be texting her, and i get no answer from her, i can';t call her because she said she need a sim card that she going to buy one and call me with a different, she has not for the past few days.....


File another petition for contempt and wait. Make sure in your petition you reqeust jail time. If she is found in contempt, you live in NY that has set some beautiful case precedent. Immediately file a motion for modification due to her incessant interference. Also, if she is arrested ask for sole custody of the child at that time.


can i reuqest for custody? without requesting for jail time? all i care is about my child.