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Order to vacate judgment and restore to calendar (custody order)

1 Answers. Asked on Mar 25th, 2017 on Family Law - New York
More details to this question:
Noticed an email from my previous attorneys office with an order from my child's father from his attorney that they filed and order to vacate our current custody agreement, the father made untrue allegations as for reasons for the order to be vacated one was "the mother fails to comply with the current order) which is untrue and they have no proof. We've had our current coustody order in place for one year and three moths, out of the ten weekend visits, two weeks in the summer, and one week for holidays the father was granted he's only acted on one weekend visit and is behind on child support when I've asked the father multiple time "when do you plan to visit for parenting time" his response is "whenever I have vacation" he's disrespected me, has a DWI and drug and alcohol abuse. I spoke to the law guardian and her comment was "I'm surprised it's taken this long to anything about the order, but then again you were given the better deal"?? can someone please give me some advice?
Answers Showing 1 out of 1
Answered on Mar 25th, 2017 at 9:22 AM

Although he has the burden of proving his allegations, you should start documenting your efforts to make your child available for visits in texts or emails. And his support payments should come to you through the Child Support Enforcement Unit (CSEU) so he doesn't fall behind. File a cross-petition for support arrears. 

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Family Law
A family law attorney can guide you through the many legal issues facing couples, parents and their children. Family law lawyers can work with individuals who are engaged or married to create pre-nuptial agreements and post-nuptial agreements. Family law attorneys will also work with individuals and couples seeking to start or grow a family through adoption. And law firms can work with individuals who are getting divorced to negotiate a divorce agreement, including alimony, palimony, the division of property and debts, child custody, child support and visitation.
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