Modifying Joint Custody to Become Primary or Sole Custodian
My question involves a child custody case from the State of:NYC
I have Joint Legal custody and visitation ever other weekend,my child who is 4 doesn't want to come home with me..I supposed to have her last week,but i let her stay,so now i went to get her today,she was happy to see me.she smile laughed..and i told her mom why she not ready? she said she doesn't want to go and i said she has too,she said no she don't because she went to court and ask the clerk what happend if a child does not want to go he said i cant force her? like how is that?? idk if she ieing or what everytime i go there to get my daughter she not ready,the mother doesn;t seem to care if she does not go with me. So i have to go to to court on monday and find out..But is it true that the child cant be force? i mean if i dont get my child she could violate me saying i didnt show up..And i email the momther saying to have to ready she said,"i don't have to ***,she not gome anyway blah balh...I spend time with my child,i take her everwhere,she fed,i buy her cloths...she wants to destroy my relationship with my kid..
PS:The mother has 2 violations for invading my visits so is it possible to seek sole custody? this going to be the 3 one,and if i let it be she could do it again, i file for 2 violations back in feb,and i had court date on feb 8,judge told her she in comtempt,so this gunna be a 3 violations..her mother lets the child make the decision when it comes to me,but if it was school yea the mother makes the decision and she make sure she goes to school.she being unfair and selfish..And the mother use to go to therapy or counseling when she was 15 for young teens but she left the program..
Re: Modifying Joint Custody to Become Primary or Sole Custodian
No. The child doesn't get to choose whether or not she visits you. You need to continue to document each and every time your ex interferes with your visitation and continue to take her to court for it. The more she is found in contempt, the more severe the penalties will become. And as a pattern of contempt is established, you may eventually be able to petition for a change of custody. However, if you have only had two violations in Feb. and one in Apr., you haven't come close to establishing a pattern, yet.
Re: Modifying Joint Custody to Become Primary or Sole Custodian
If you have a custody order in effect and mom isn't complying, bring a motion to enforce it with the court. The clerk's supposed statement that "mom is free to ignore the order" is not true.
At four, a child can be picked up and carried away for visitation. The child doesn't get a veto.
With no offense intended, given the level of literacy you demonstrate in your post, if you want to try to modify custody it would be a very good idea for you to work with a lawyer or, if not, at the very minimum to have a friend who writes more clearly and with proper spelling and grammar proofread anything that you file with the court.
Modification of custody is very fact-specific. Mom's interference with visitation is a significant factor, but there's much more involved.
Re: Modifying Joint Custody to Become Primary or Sole Custodian
yea I'm documenting everything she had 1 violation back in Nov and Dec and now this going to be the 3 one..And my daughter birthday is coming up on the 28th of may she got plans already set and i had visits with my child that day she definetely going to denied it again so thats 4 violations..
Re: Modifying Joint Custody to Become Primary or Sole Custodian
The mother of my 4 year old daughter violated my visits.I have Joint Legal Custody,and every weekend visitations.The told me that the "child does not have to go",and that she can;t be forced,and "if my child refuses to go with you I'm not going to force her."She said that to me because she claims that the "clerk of the court" told her..She violated my right 3 times already,and my daughter birthday is coming up on May 28,2011 which falls on my visits i told her she not allowed to do that,she said "yea iam going to do it"..i got proof cuz everthing is written in facebook....
so what would be the outcome?? any answer would be helpful..
Re: Modifying Joint Custody to Become Primary or Sole Custodian
Quote:
Quoting
jorgey84
The mother of my 4 year old daughter violated my visits.I have Joint Legal Custody,and every weekend visitations.The told me that the "child does not have to go",and that she can;t be forced,and "if my child refuses to go with you I'm not going to force her."She said that to me because she claims that the "clerk of the court" told her..She violated my right 3 times already,and my daughter birthday is coming up on May 28,2011 which falls on my visits i told her she not allowed to do that,she said "yea iam going to do it"..i got proof cuz everthing is written in facebook....
so what would be the outcome?? any answer would be helpful..
As you've been advised, you turn up and pick up your child. If Mom refuses, you can call the police (NOT the emergency number) and make a report.
Really though I think you need an attorney.
Re: Modifying Joint Custody to Become Primary or Sole Custodian
I have Joint Legal Custody/every weekend visitation.The mother denied my visits on April 30,2011.Saying that the clerk told her :"if the child doesn't want to go she cant be force,".So i went back to court to file a violation (thats her 3 violation).And now today i have her again i told her mom get her ready she says;" yo u get her ready,she don't wanna go i'm not going to abuse her."I go there at 5pm she not ready my child doesn't want to look at me,and ex mother said,"if you don't want to go with daddy i call the cops saying u don't want to go".I said get her ready! My ex father gets it and say,"get the **** out my house,screaming,yelling,in front my daughter the mother doesn't do **** about it and i call the cops to file a report..And like i was literally kicked out the house my child is being poison by those people what are the chances for seeking primary custody???
PS:everything was caught on cam on my cell,and the mother went to court after i violated her and she wants my visits terminated for no reason..