• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have a right to argue my visitation order

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Centraljet

Junior Member
What is the name of your state (only U.S. law)? I live in NY and so does my ex and daughter
After my divorce in Texas in 2008 we moved back to NY because all our family lives here. My daughter lives with her mother during the week and I have custody friday to sunday. This is where I dont know if I have an arguement . Being in NY housing is much more expensive than Texas, and at the same time I make less money in NY than I did in Texas. So I live in a studio apt with a kitchen and bathroom. I have a queen bed and I got a big couch. My ex does not allow my daughter to live with me because of that reason. Its not a large apt but its not small. I would compare the size to a one car garage. So instead of having her stay with me I am forced to drive saturday morning 70 miles round trip, so in one day its 140 miles total after I drop her off saturday night. I would get her on some sundays because Im exhausted from the travel and gas. Do I have a leg to stand on if I contest my visitations.
Also do I have to pay for private school if there is public school.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? I live in NY and so does my ex and daughter
After my divorce in Texas in 2008 we moved back to NY because all our family lives here. My daughter lives with her mother during the week and I have custody friday to sunday. This is where I dont know if I have an arguement . Being in NY housing is much more expensive than Texas, and at the same time I make less money in NY than I did in Texas. So I live in a studio apt with a kitchen and bathroom. I have a queen bed and I got a big couch. My ex does not allow my daughter to live with me because of that reason. Its not a large apt but its not small. I would compare the size to a one car garage. So instead of having her stay with me I am forced to drive saturday morning 70 miles round trip, so in one day its 140 miles total after I drop her off saturday night. I would get her on some sundays because Im exhausted from the travel and gas. Do I have a leg to stand on if I contest my visitations.
Also do I have to pay for private school if there is public school.
Why have you agreed to do that? You can have your child for your entire time if your court order doesn't say otherwise. You have companionship from Friday to Sunday. If mom wants that changed to not include overnights, SHE needs to go to court. How are you being forced to drive Saturday morning?

ETA: Who would be watching your child while you work on Friday night?
 
Last edited:

LdiJ

Senior Member
What is the name of your state (only U.S. law)? I live in NY and so does my ex and daughter
After my divorce in Texas in 2008 we moved back to NY because all our family lives here. My daughter lives with her mother during the week and I have custody friday to sunday. This is where I dont know if I have an arguement . Being in NY housing is much more expensive than Texas, and at the same time I make less money in NY than I did in Texas. So I live in a studio apt with a kitchen and bathroom. I have a queen bed and I got a big couch. My ex does not allow my daughter to live with me because of that reason. Its not a large apt but its not small. I would compare the size to a one car garage. So instead of having her stay with me I am forced to drive saturday morning 70 miles round trip, so in one day its 140 miles total after I drop her off saturday night. I would get her on some sundays because Im exhausted from the travel and gas. Do I have a leg to stand on if I contest my visitations.
Also do I have to pay for private school if there is public school.
How old is your daughter?
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? I live in NY and so does my ex and daughter
After my divorce in Texas in 2008 we moved back to NY because all our family lives here. My daughter lives with her mother during the week and I have custody friday to sunday. This is where I dont know if I have an arguement . Being in NY housing is much more expensive than Texas, and at the same time I make less money in NY than I did in Texas. So I live in a studio apt with a kitchen and bathroom. I have a queen bed and I got a big couch. My ex does not allow my daughter to live with me because of that reason. Its not a large apt but its not small. I would compare the size to a one car garage. So instead of having her stay with me I am forced to drive saturday morning 70 miles round trip, so in one day its 140 miles total after I drop her off saturday night. I would get her on some sundays because Im exhausted from the travel and gas. Do I have a leg to stand on if I contest my visitations.
Also do I have to pay for private school if there is public school.
Did your daughter go to private school in TX?

Where does your family live wrt to you and Mom? Would staying overnight with them be feasible? Why are you reluctant to enforce your visitation?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? I live in NY and so does my ex and daughter
After my divorce in Texas in 2008 we moved back to NY because all our family lives here. My daughter lives with her mother during the week and I have custody friday to sunday. This is where I dont know if I have an arguement . Being in NY housing is much more expensive than Texas, and at the same time I make less money in NY than I did in Texas. So I live in a studio apt with a kitchen and bathroom. I have a queen bed and I got a big couch. My ex does not allow my daughter to live with me because of that reason. Its not a large apt but its not small. I would compare the size to a one car garage. So instead of having her stay with me I am forced to drive saturday morning 70 miles round trip, so in one day its 140 miles total after I drop her off saturday night. I would get her on some sundays because Im exhausted from the travel and gas. Do I have a leg to stand on if I contest my visitations.
Also do I have to pay for private school if there is public school.
Your exhaustion probably also has a lot to do with the fact that you worked until 2:00 AM Saturday morning...and therefore got very little sleep before you went to pick up your daughter. A studio the size of a one car garage is pretty small.

Nevertheless, you can enforce your parenting orders. The reason I asked the age of your daughter however is that if she is an adolescent, she may not feel comfortable sharing such close quarters, and that might be why mom is doing what she is doing.
 

Ohiogal

Queen Bee
OP you have started at least four different threads in the last 24 hours. Please try to keep your questions regarding custody, support, visitation and what not all together in ONE thread.
 

BL

Senior Member
If the orders were made in TX. since both of you moved to NY , why haven't you domesticated the orders.

That would be first ,before filing modifications.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top