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Modification of Visitation and Pretrial Conferences

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  • 04-26-2012, 09:47 AM
    cshel85
    Modification of Visitation and Pretrial Conferences
    My question involves a child custody case from the State of: NY

    Original order in WA, custodial mother now resides in NY and non custodial father in PA, NCP filed for modification in NY, this was filed in November. All they have had is pre conferences and had the 4th one yesterday, was supposed to go before a judge 6/5 for final decisions and now there is another pre conference May 15th. CP will not agree to anything, so trying to figure out why they keep doing these preconferences.

    also, NCP is not called during preconferences and has to wait for attorney to let him know what is going on and now here it is day after last preconfernece and no word from attorney on what is going on, I think this is ridiculous, NCP should be involved in everything, or am I wrong?

    Also, NCP lawyer keeps saying, what can we agree on because NCP won't get much more going in front of a judge..all NCP is asking for is every other holiday and 6 weeks in the summer instead of the CP offering 5 weeks
  • 04-26-2012, 10:42 AM
    Dogmatique
    Re: Modification of Visitation and Pretrial Conferences
    Who are you in this?
  • 04-26-2012, 11:30 AM
    cshel85
    Re: Modification of Visitation and Pretrial Conferences
    I am the step-mother, but have alot of familiarity in court, I was a single mom for 14 years and have worked in the law field and also in domestic relations here in PA, so the way all of this playing out in NY is bizarre to me
  • 04-26-2012, 11:38 AM
    Dogmatique
    Re: Modification of Visitation and Pretrial Conferences
    Assuming WA actually relinquished jurisdiction, we'll go with NY.

    What you think about the NCP is honestly irrelevant - some parents prefer to let their attorneys handle virtually EVERYTHING (and trust me, that's often the wiser choice!), others choose to be more involved.

    How long is summer break?
  • 04-26-2012, 11:43 AM
    cshel85
    Re: Modification of Visitation and Pretrial Conferences
    WA did relinquish jurisdiction and the order from 2004 has been registered in NY as of November 2011. Summer vacation is 11 weeks
  • 04-26-2012, 11:50 AM
    Dogmatique
    Re: Modification of Visitation and Pretrial Conferences
    Ah...I see why this might be a bigger issue than usual (in all honesty I'd usually be wondering why two apparent grown ups are quibbling about one week...however.....). How far - distance wise - actually are Mom and Dad?

    How often does Dad CURRENTLY see the kids?
  • 04-26-2012, 11:58 AM
    cshel85
    Re: Modification of Visitation and Pretrial Conferences
    CP does not want to "share" child and the order from WA was so vague, NCP has filed modification to get everythign spelled out and to have the child every other holiday and summer. they live 6 hours apart
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