mercredi 26 août 2015

Establishing an Order: Can You Prevent Overnight Visits With the Child

My question involves a child custody case from the State of: NY

Currently my separated husband and I are in the middle of a custody dispute. We are not divorced, only separated. He filed for joint custody about a month and a half ago.
I have been the custodial parent for the most part, our daughter lives in my home. She used to go every other weekend, and stay overnight, but then he told me he has a live-in girlfriend and I was not comfortable having my daughter (who has autism and cannot speak) over there where she might not be comfortable. I cut the overnight visits at that point. She still spends time with him and his new family (he now has another child), but no overnights.

Our daughter is on vacation from school now, and I need him to take care of her while I work for a handful of days this next week and a half. He said OK he would take her for the full week, I told him the week is fine but not for overnights, but he says he wants to take her for overnights.

Is there anything I can do to prevent this? If he takes her and does not bring her back before it gets late and I call the police, is there anything they can do? If I can't call the police, is there an emergency order I could file with the court? Our court date is not until next month, we had one that just was a setup to get things in order. Can I bring this up to the judge that he is being uncooperative and would not bring her back to her real home?

If we don't agree on things I don't get why he could be allowed to just do it anyway without my permission as I am primarily the custodial parent.


Establishing an Order: Can You Prevent Overnight Visits With the Child

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